The Trust Property Of Bankruptcy Isolation Function Research

Modern trust system originated in the United Kingdom, is the client for the trustee of thetrust, transfer the trust property to the trustee, its held for the interests of the beneficiaries or aspecific purpose, management, utilization, and disposal of the property, a propertymanagement regime. As the greatest and most outstanding achievements made by the Britishin the field of law, in a few hundred years in the development process, and gradually formed aunique concept and system architecture. However, based on the civil law and common lawlegal cultural differences, the trust system as exotic transplantation Common Law, fusion withthe actual situation of China’s specific problem has not been a good solution, has been in thestate of the “Water slick”. Among them, as the use of the trust property trust system core inpractice has also produced a series of difficulties.Although, China’s Trust Law "the isolation of independence as well as the bankruptcyof the trust property of the trust property related provisions, but the blunt of our civil lawsingle ownership system covering the above trust legal relationship is bound to produce aseries of practical contradictions. China’s Trust Law with the ownership of the trust propertyentrusted to such words over the ownership of the trust property in a vague situation, but alsomakes our current legal system, the trust property bankruptcy isolation implementations exist.series of obstacles and difficulties, such as the attribution of ownership of the trust property isnot clear, and the lack of independence of trust property protection mechanism. Among ourjudicial practice, these issues must be resolved. This paper tries to clear ownership of the trustproperty, establish and perfect the system of notification of the trust property registration,improve the trust property bankruptcy isolation malicious applicable legal remedies andimprove aspects of the legal system to solve the problems of the obstacles in isolationimplementation of the bankruptcy of the trust property, thus contributing to the the trustsystem better able to play its superior functionality.In addition to the introduction and conclusion, is divided into four parts:The first part of the trust property Bankruptcy isolation Overview. Trust propertyoverview is mainly defined meaning, nature and scope of the trust property; followed byexposition of the basic theory of the trust property bankruptcy isolation, is the meaning of the trust property bankruptcy isolation characteristics, as well as trust property bankruptcyisolation origin and premise.The second part is the bankruptcy of the legal effect of the isolation of the trust property.The first bankruptcy remoteness of the trust property and the parties of the trust to which theprincipal, the trustee and the bankruptcy of the beneficiary isolation described; second sectiondescribes the balance the interests of the creditors of each of the parties to a trust.The third part is the deficiencies in the system of trust property. First described trustproperty bankruptcy isolation is difficult to achieve in practice, the main reason-theownership of the trust property of unknown problems; followed by the lack of trust propertyregistration system, including overly severe registration Effectiveness, supporting measuresand continuing described the lack of a system of notification; practice malicious applicablebankruptcy isolation again discussed.The fourth part of the trust property bankruptcy isolation system perfect. Should firstclear the ownership of the trust property vested in the trustee, followed by the registration...