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Research On The Independence Of Trust Property

Posted on:2016-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y P JiaFull Text:PDF
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As an important concept of Trust, the independence of the trust property plays an important role in the trust system. Especially in the process of introducing the trust system into the continental law system countries, the independence to trust plays an irreplaceable role in the coordination of the trust system and inherent property system of continental law. At present, China’s trust is also developing rapidly, but there are many problems and loopholes, especially in the case of the trust property ownership is still unknown by the law, establishment and the study on the independence of the trust property is becoming significant.This paper begins with concept of trust and the trust property in different countries, such as "American restatement of trusts" (Second Edition), Japan and South Korea "trust law", Taiwan region of China’s "trust law", "principles of European trust law" and "Hague trust Convention", and then introduce their definition in China.Secondly, this paper compares the definition of independence of the trust property and its difference between Anglo American law system and continental law system, found that in Anglo American law as dual ownership of trust property exist, therefore independence of trust property is not emphasized, but the civil law countries established trust property independence system, which avoid conflict to the ownership system in the introduction of the trust system, and also protect the trust parties interests. At the same time, in order to avoid the abuse of property independence system, "defective inheritance" system was established as well.Thirdly, this paper analyze the articles of law relating to the independence of the trust property in China’s "trust law" and clear that the independence of the trust property system does exist, which guarantee the independence of the trust property at certain degree. But there are more room to improve as in the feasibility of the trust property registration system and lack of trust property "defect inherited" lack of defective inheritanc.Finally, this paper suggested express turst property to trustee all, improving trust property registration system, replace the invalid articles in China’s "trust law" with the trust property "defective inheritance" system, and make sure the independence of the trust property system can play a substantive role in China’s economic and social development.
Keywords/Search Tags:Trust, The trust property, The independence of the trust property, Trust registration, Defective inheritance
PDF Full Text Request
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