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The Research On Trust Registration Legal Issues

Posted on:2016-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ChengFull Text:PDF
GTID:2296330464472057Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The Trust Law has developed along the way from the Rome law to the common law, it has taken root in the countries of different legal systems. It is a new way of managing money and people pay more and more attention to it, it has become the four pillars of modern economy along with the banking, securities, insurance. Compared with the other three kinds of economic management, the Trust Law itself develops in different levels in the countries of different legal systems. There are also differences in the law and use patterns. Trust registration is an important part of the establishment of a trust management and disposition of the Trust. This passage analyzes from four aspects on the relevant issues concerning the registration of the trust.The first chapter is the theoretical basis for the trust registration. Discussion on trust registration system cannot do without the theoretical basis of the research on trust registration. Because the theoretical foundation determines the necessity of setting up the trust registration system. First is the Trust Registration independence theory, the theory analysis the nature of the trust property, non-inherited property, remove the bankruptcy property, prohibits the creditor to enforce against the trust property, limiting offset and confusion, the establishment of limited liability. Meanwhile, from the perspective of comparative law investigated the provisions of national and regional independence of trust property, giving support on the theory of trust registration from comparative law. Second is the analysising of the value of the trust property, trust registration has the function to prompt the value of property; the government can improve the ex ante supervision under the premise of full respect for freedom of market economy, protecting the national economy working in a predictable orbit; at the same time trust pegistration can also achieve a balance between the interests of the companies with investors. At last is the theoretical basis of trust publicity. Trust publicity involves the scope and method of publicity. Provisions of the trust law of China is too general and the amendment of law needs to be perfected in the future.The second chapter studies the object of trust registration. First, define the object of the Trust registration:secondly, study the duality of trust registration; have to double registration of the trust property and trust law relationships. Distinguishing different types of movable and immovable property, securities and other property to determine the different methods of publicity.The third chapter is to establish trust registration agencies. Whether it is from the provisions of the trust law of China or the practical operation, we have not provide a uniform reference standard to establish a trust registration mechanism, without clear legal basis will cause the relevant registration department refuse to register. Views of legislation and practice on the establishment of a trust registered organizations are different, called unified registration and decentralized registration. From the perspective of practical operability, we can chose the decentralized registration mode. That is, the original function on the basis of property registration department can add a function of a trust registered.The fourth chapter is to explore the effectiveness of the registration of the Trust. From the perspective of comparative law, the effectiveness of the registration, the Anglo American law system have not pay too much attention to it, they pay more attention to realize the value of trust. In civil law system, most of them take the trust registration confrontation doctrine. From the perspective of distinguishing attribute of the trust property, we can take different effect for different property registration.
Keywords/Search Tags:Trust Registration, Trust publicity, Trust Registration effect
PDF Full Text Request
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