The Research Of Trusts Legal System In The Field Of Real Estate Finance

Trusts is that the trustor transfers certain property to trusteebased on trust, and trustee must manage the asset on purpose of theinterests of the beneficiary or a particular purpose. Trusts is basedon trust, on the premise of property,and the trustee is its core,trustor’will is its objective.Trust as a kind of property transferand management system is based on highly innovation, flexibility andsecurity to go through test of time and spread worldwide. Along withthe development of economic and finance, trusts has been adoptedwidely in financing and investment area.Real estate is an important industry related with the nationaleconomy and the people’s livelihood. Its development is alwaysrestricted by capital. The traditional bank credit financing, issuance of stocks financing, issuance of bonds financing,newly off-sea financing and brokers&fund subsidiary financing all can’t meetthe industry needs. Only the trusts with high flexibility, innovationand security is the best way for real estate financing. However, thefunction of the trusts can’t be applied completely in the realestate area, because of the incompletion of the lawenvironment,marketing economic and the immature of financialorganization, real estate company, agent service organization andinvestors. During China’s real estate trusts practices, these fivetypes of real estate trust grow maturely: the real estate loan trusts,the real estate benefits trusts, the real estate shares trusts, thereal estate asset securitization trusts and composite pattern. Theauthor will analyse these five types and conclude, furthermore, shewill present the current problems and come up with suggestions basedon the situation of China.