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Study On Realistic Legal Basis Of Trust Financing Of The Assets Income Right

Posted on:2015-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:W YanFull Text:PDF
GTID:2296330452966948Subject:Law
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With the rapid development of the trust industry, innovative trustproducts are followed. In the second half of2009, the new financing modelof trust—trust financing of the assets income right come into the stage of thetrust industry. Right around the arising of the income right is a series ofregulatory behaviors and financial innovative behaviors. The trust of theassets income right is precisely the breakthrough innovation of financialregulation. However, innovations of trust caused the increasing of thefinancing risk. The case, Anxin Trust vs. Kunshan Chungao, occurred in thesecond half of2012, pushed the trust financing of the assets income rightmodel to the cusp. Although the Shanghai Higher People’s Court has madethe final judgment, the judge takes an evasive attitude on the nature of theincome right and whether the nature of the income right can be recognized asa kind of trust property, which make “the dispute between the masculine andfeminine elements contract” and the effectiveness of mortgage contract lack the thorough theoretical analysis. This paper focuses on the nature of theassets income right. On the basis of systematic analysis of the legal risk ofthe trust financing of the assets income right model and the reason of the risk,I try to explore the realistic legal basis of the trust financing of the assetsincome right.This paper is divided into three chapters.The first chapter is about on the thorough understanding of thedevelopment background of the assets income right model and “Anxin Trustv. Kunshan case”, from the perspective of the assets income right aredesigned as trust property and the regulation of the assets income right bytrust law, indicating the realistic legal risk of the trust financing of the assetsincome right.The second chapter is about analyzing the reason of the risk of the trustfinancing of the assets income right.The third chapter is about clarifying the nature of the assets income rightand defining the boundaries of the trust property, thus demonstrating thepractical feasibility of trust financing of the assets income right. And basedon the conclusions and combined this case, I will prove the effectiveness ofthe “trust contract” and the “mortgage contract”.
Keywords/Search Tags:assets income right, trust property, the right of trustee, increasing the credit
PDF Full Text Request
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