Research On The Independence Of Trust Property

The independence of the trust property refers to the trust property once transferred to thetrustee, the trust property according to the principle of trust law has the independent legal status tothe trustor, trustee and beneficiary, be based on the purposes of the trust and the independentexistence of the property. Some third people are unable to claim the creditor’s right of trust property.Although China’s "trust law" stipulates the independence of the trust property, but the legalobstacles still exist in achieveing the independence of the trust property. Because of the trustproperty publicity and management system, There a lot of misappropriation of trustor’trustfunds,the trustor diverting properties to evade debts.we need to focus on how to solve the obstaclesto implement the principle of the independence of the trust property. Based on the relevantprovisions of the independence of the trust property in China’s "trust law" and relevant cases toconduct a comprehensive analysis. Analysis of the legal obstacles to the independence of the trustproperty to find solutions to obstacles. By combining the establishment of related systems at homeand abroad and perfect our registration system of trust property in order to ensure the smoothrealization of the independence of the trust property.This paper is composed of four parts:The first part is mainly through a case, the court concluded two different decision sparkedcontroversy, and thinking about the independence of the trust property.The second part of this paper, Investigate the independence of the trust property in the AngloAmerican law system,analysis of its connotation and value functions, and provide a theoreticalbasis for the following.The third part of this paper, mainly with relevant laws and regulations, to conduct acomprehensive interpretation of the independence of the trust property system, combined with thecase to find the independent implementation of legal obstacles of China’s trust property, analysis ofthe causes of obstacles and solution methods, namely the construction of trust property publicitysystem.In the fourth part, through the investigation and reference of relevant trust publicity to theforeign system, construction of our registration system of trust property.