Comparative Study On Trustee’s Civil Liability

In the trust relationship, the trustee has the right to manage or dispose of thetrust property, therefore, the trustee is the most important party and playing a key rolein realizing the trusts end and operating the trusts cases successfully. This thesis,based on the trust law, using the comparative and historical research methodologies,discusses the regulations on the power and the obligation of the trustee as well as thesystem of responsibility when the trustee breaks its obligation and abuses its power.Finally on the basis of previous discussion, author appraises the legal systemregarding trustee in China and makes concrete proposals on legislation.This thesisconsists of four chapters:Chapter I: This chapter introduces the meaning and foundational attribution ofthe trust, drawing out the current common understanding of the trust throughdifferent definition between the civil law system and the common law system. Thenthe author mainly discusses the trustee’s qualification, which sets the foundation tothe central argument of this thesis.Chapter II: This chapter discusses around the fiduciary relationship, mainlyfocus on two basic obligation–duty of loyalty and duty of diligence. Then the authorpresent details about distinction among "contractual liability","mixed liability" and"remedy liability". Chapter III: This chapter mainly expounds around the legal framework oftrustees civil liability, differentiates responsibility for the internal part and externalpart of the trust relationship, then leads to current regulatory problems and defects inChinese legal system through comparison of the civil law system and the commonlaw system.Chapter IV: This chapter gives an overall statement of current framework of thetrust in China, explains in detail on inappropriate regulation towards trustee and thedefined liability. Finally offer workable solutions and relevant amendments regardingthe existing issues in the trust market in China.