Trust Joint Trustees Legal System Research

With the development of social economy and the increasing maturity of commercial activities in the form of increasingly complex and changeful, people accumulate over a long period of wealth, and personal ability is limited, such as bank securities financing way is difficult to meet demand, more and more people choose to trust to financial management. Trust as a kind of flexible property management way, adopted by many countries. As the trustee of the trust system core system has always been the ancient and modern, Chinese and foreign scholars study object, which has the advantages of supervision and checks and balances of the joint trustees system has been attention by the academic circle. Our country also introduces the joint trustees the trust law system, but there still has too many stipulation too principle, and lack of guidance, relevant judicial explanation shall be interpretation not the relevant academic research, so the joint trustees system has strong urgency and pertinence.The first part, the paper on the basis of the joint trustees in the trust law system in China, contrapose the reference about the regulation of system of joint trustees, trace the history of the joint trustees system changes, the concept of the joint trustees, define, analyze the difference between the joint trustees and related concepts, clear as the conditions of the joint trustees, and analyze the advantages and disadvantages of the joint trustees system, points out that the joint trustees system has the unique advantages and existing board.The second part, discusses the joint trustees system involved in several legal relations, including mutual between the trustee and the trustee and the trustor and the trustee together with the beneficiary, the trustee and the third person and the trustee together with the legal relationship between the trust property, in order to better the use of the system of joint trustees.The third part, analysis the rules of the trustee handling the trust affairs jointly, clear the general rule of joint processing and the exception, and analyzes the rules of trust law in our country, puts forward related Suggestions.The fourth part, analysis the common rights and obligations, the trustee is mainly on the joint trustees unique analysis several rights and obligations, to better understand the joint trustees joint and several liability.The fifth part, the joint trustees legal responsibility, mainly from the interior of the joint trustees of the trust property joint liability for damages as well as to the third person external several and joint liability, this paper analyses the components of the responsibility, and liability situation, points out of the trust law in our country about the joint trustees responsibilities of the rules of the perfect Suggestions were put forward.The sixth part, this paper discusses common after the duties and responsibilities of the trustee end whether there is a need to selected new joint trustees, refer to relevant provisions of the two law systems, combined with the practical situation, analysis of selected under certain conditions, the necessity of the new joint trustees.