A Study On Certainty Of Right To Earnings In Trust

Trust products regarding the right to earnings are popular in recent years.However,legal provisions concerned with such trust products are yet in place,nor are disputes emerging in juridical practice settled.All those disputes lie in whether the right to earnings can be categorized as trust products,i.e.they depend on the certainty of the right to earnings in trust.Therefore,the author introduces in this thesis the classic overseas judgements regarding certainty of trust products and analyzes domestic cases about the right to earnings in trust,so as to expound and prove that the right to earnings features certainty and belongs to trust properties in the Trust Law.The author further proposes corresponding improvement suggestions on how to lead the right to earnings in trust in China to sound development under juridical regulations.The thesis includes five chapters.Chapter One poses the major questions this thesis is attempting to solve with the help of two classic cases.The questions are whether the right to earnings has certainty and whether the right to earnings belongs to trust properties.Taking the case of Chang'an International Trust,the first case in China about the right to asset income in trust that saw discussion of certainty of the right to earnings in trust in court decision for the first time,as the entry point,this chapter lists the legal disputes frequently seen in cases of this kind,and poses the core questions thereby.Chapter Two introduces the concept,nature and categorization of the right to earnings.When defining the discussion objects,the author emphasizes the right to asset income and the right to return on equity,and points out doubts about such rights in current theoretical fields.Chapter Three analyzes classic overseas cases about certainty of trust properties and summarizes the overseas criteria on trust properties certainty.This chapter lays emphasis on cases of UK and concludes the three aspects from which we can judge the certainty of trust properties: trust properties are clear and specific within certain scope;the trust properties maintains separated within certain scope;and the trust properties are clearly labelled before being mixed with other properties.Enlightenment on certainty of trust properties is also obtained from the trust system in the Common Law.Chapter Four studies the certainty of the right to earnings as trust properties.The certainty of the right to earnings is determined by two facts,the right to earnings itself can be distinguished with other properties and is confirmed by setting up a trust.The author further demonstrates that the right to earnings,in line with the innovation of trust system,can be included into the scope of trust properties.The legislation has approved the right to earnings in some fields.Chapter Five analyzes the right to earnings as trust properties.As a sum-up,this chapter also reviews the whole thesis.The author first,with the support of classic cases,defines the trust legal relation amid the disputes with the method of empirical analysis,followed by practical analysis of the right to asset income and the right to return on equity in trust,two typical trust products regarding the right to earnings.Via proving the certainty of the right to earnings,the authors attempts to address controversy against such trust products.Finally,improvement suggestions are proposed to issues occurring in the right to earnings in trust and a system is also crafted to tackle weakness caused by lack of specification in the process of development of those trust products.The author hopes to categorize such trust products and set corresponding criteria to promote the benign development of trust industry in China.