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The Study Of Trust Registration System

Posted on:2016-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:H H TaoFull Text:PDF
GTID:2296330470463377Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Trust system is transplanted from Anglo-American law system countries. Due to have differences in national conditions and legal system, we must to “transform processing” of the system in order to make the system get a better development in our country. The trust registration system is one of the product. But the trust registration system only has fuzzy rules in China’s “Trust Law”, many problems are not clear. Since the “Trust Law ” was promulgated, no other regulations or rules were drew up to improve trust registration problems. This leads to seriously hamper the pace of development of the trust industry, so make this system perfect is imminent.On the basis of consulting a large number of literature, using literature analysis method to study the problem of trust registration system. Also adopting the historical analysis method to research the historical origin of the trust system and the reasons of the “Trust Law” develop trust registration effectiveness when it was formulated. Finally, other countries and regions’ trust registration system are discussed by comparative analysis, hoping that provide reference for perfecting our country’s trust registration.In today’s society in the majority with commercial trust, the trust company should undertake the obligation to apply for registration of trust, while the civil trust is more respect for the autonomy of the parties. About setting up trust registration institution, a special trust registration mechanism is necessary, and shall present the relevant information of the trust property back to the real right registration authority, this will not only achieve the sharing of information, but also to a certain extent to ensure the security of the transactions. Trust registration object has a dual feature, the legal relationship of trust has the character of property claims. Registration of trust property which has many problems needs to be solved due to the principle provisions of the Trust Law. In respect of the trust registration effectiveness, it is suggested that the registration effectiveness is given priority and supplement with trust registration antagonism in our country.
Keywords/Search Tags:Trust Law, trust property, trust registration system
PDF Full Text Request
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