Research On The Independence Of Trust Property

As a property management system,modern trust system originated in the United Kingdom.The advantages of modern trust system make it widely disseminated in Anglo-American law countries and widely transplanted in many civil law countries.Anglo-American law countries pursue the same concept of property rights and implement the same property legal system,so there is no obstacles when the trust system is disseminated in these countries.In contrast to this,the principle of one property one thing and the corresponding property legal system pursued in civil law countries is conflicted with the trust system based on the dual ownership from the British.Therefore,the civil law countries are bound to face the problem of making trust system and national legal system reconcile when transplanting trust system.To solve this problem,the civil law countries from the perspective of trust property,put forward the theory of independence of trust property and give the trust property independence,so that they can successfully transplant the trust system from Anglo-American law countries without changing the national legal system and the nature of the trust system and make it serve for their economy and society.This article is divided into four parts focusing on the independence of the trust property.The first part is about the origin of the independence of trust property.First,this part reviews the historical process of the rise of the trust system in the United Kingdom,and points out that the economic circumstance of British at that time and the dual legal system of common law and equitable law provides economic basis and legal guarantee for the establishment of the trust system.Then it introduces the transplantation of the trust system in the civil law countries and points out that the civil law countries make the trust system which embodies the concept of property rights of Anglo-American law system and the legal system of their own countries reconcile by proposing the theory of independence of trust property in the process of transplanting the trust system.The second part is about the connotation of the independence of trust property and its legal effect.The core of the independence of trust property is that the property of the trust isindependent of the inherent property of the trustee(the independence of trust property in the narrow sense),and the property of the trust is also independent of the inherent property of the principal and the beneficiary(the independence of trust property in the broad sense).After discussing the connotation of the independence of the trust property,this part then analyzes the legal effect of the independence of the trust property from the five aspects of the non-inheritance of the trust property,the exclusion of the bankrupt property,the ban of the offset,the ban of the confiscation and the restriction of enforcement.The third part is about the distribution of rights and obligations of the trust parties under the conditions of independence of trust property.The independence of the trust property is the core of the trust system and is the key to the realization of the purpose of the trust.The balanced allocation of rights and obligations between trust parties is an indispensable and most effective way to maintain the independence of trust property.The focus of this section is therefore on the rights of the principal and the beneficiaries,and the obligations of the trustee.The fourth part focuses on the trust publicity system which is a balance between the independence of trust property and the interests of the third person.In social and economic activities,transaction security is one of the important values pursued by law.Although the independence of the trust property is the key to the realization of the purpose of the trust and the core of the trust system,but the protection of the independence of the trust property can not damage the interests of third parties relating to the trust property.This part discusses the trust publicity system from the perspective of the balance between the independence of the trust property and interests of the third party.After discussing the theoretical basis and the relevant provisions of the trust publicity system,this paper points out the insufficiency of the trust publicity system in our country and provides some suggestions for tour national trust publicity system.