The Analysis Of The Fiduciary Duty Of The Depository In Trust

The fiduciary duty of the depository of trust is both a legal act and an agreed act,which is about what the fiduciary duty of the depository of trust is and the extent that the depository of trust efficaciously tries one's best to take the fiduciary duty.In terms of the precedent problems,combined with the disputed case of the trust of the equity interest between WANG Runxiang and the company of the trust called Beijing Zhongcheng in the limited liability,it is practically analyzed about the former disputed case.Specially speaking,this thesis is contained in the following four parts:In the first part: the profile of the case and the legal controversy in main.In the profile of the case,it is in brief described about the truth in the disputed case of the trust of the equity interest between WANG Runxiang and the company of the trust called Beijing Zhongcheng in the limited liability.Based on the precedent describing,it is summarized about the two legal controversies in the disputed case of the trust of the equity interest between WANG Runxiang and the company of the trust called Beijing Zhongcheng in the limited liability: the scope and the extent of taking the fiduciary duty of the depository of trust.The scope of taking the fiduciary duty of the depository of trust is the act of possessing or the act of managing,which is in controversy in trial.The extent of taking the fiduciary duty of the depository of trust is,based on the scope of taking the fiduciary duty of the depository of trust,how to realize and analyze the act which is about taking the act of possessing or taking the act of managing in order to come true the best interest of the beneficiary of the trust,which is also in controversy in trial.In the second part: the most important part of this thesis.It is analyzed in law in the center of the precedent truth and two legal controversies in the disputed case of the trust of the equity interest between WANG Runxiang and the company of the trust called Beijing Zhongcheng in the limited liability.In the first,the analyzing of the fiduciary duty of the depository of the trust in nature: the fiduciary duty of the depository of the trust is contained in the duty of the loyalty and the duty of the care.In nature,it is one kind of faith behavior,which is contained in the act of possessingand the act of managing.Two acts are inseparable and interpenetrating.In the next,it is analyzed about the scope of the fiduciary duty of the depository of the trust: in the traditional trust,the scope of the fiduciary duty of the depository of the trust is the act of possessing;in the modern trust,the scope of the fiduciary duty of the depository of the trust is the act of managing.Because the company is evolved from the trust and it can be considered as one kind of the modern trust,it is analyzed about the scope of the fiduciary duty of the director,the supervisor and the senior manager: the scope of the fiduciary duty of the director,the supervisor and the senior manager is the act of managing.Based on the precedent analysis,combined with the disputed case of the trust of the equity interest between WANG Runxiang and the company of the trust called Beijing Zhongcheng in the limited liability,it is analyzed about the scope of the fiduciary duty of the company of the trust called Beijing Zhongcheng in the limited liability: the scope of the fiduciary duty of the company of the trust called Beijing Zhongcheng in the limited liability is the act of managing the trust of the equity interest not the act of possessing the trust of the equity interest.In the third,it is analyzed about the extent of the fiduciary duty of the depository of the trust: it is analyzed about the extent of the fiduciary duty of the depository of the trust in the standard of the trustee,the standard of the best interest,the standard of the common and prudent person and so on;it is analyzed about the extent of the fiduciary duty of the director,the supervisor and the senior manager in the standard of subjective element and objective element and the principle of business judgment.Based on the precedent legal analysis,combined with the disputed case of the trust of the equity interest between WANG Runxiang and the company of the trust called Beijing Zhongcheng in the limited liability,it is analyzed about the extent of the fiduciary duty of the company of the trust called Beijing Zhongcheng in the limited liability in the standard of subjective element and objective element,the standard of the common and prudent person,the principle of business judgment and so on.In the third part: based on the precedent legal analysis about the scope and extent of the fiduciary duty of the depository of the trust,combined with the disputed case of the trust of the equity interest between WANG Runxiang and the company of the trust called Beijing Zhongcheng in the limited liability,it is summarized about the scope and extent of the fiduciary duty of the depository of the trust.In the forth part: combined with the disputed case of the trust of the equity interest between WANG Runxiang and the company of the trust called Beijing Zhongcheng inthe limited liability,it is concluded about the scope and extent of the fiduciary duty of the company of the trust called Beijing Zhongcheng in the limited liability.The scope of the fiduciary duty of the company of the trust called Beijing Zhongcheng in the limited liability is the act of managing the trust of the equity interest not the act of possessing the trust of the equity interest.The extent of the fiduciary duty of the company of the trust called Beijing Zhongcheng in the limited liability has taken the act of possessing the trust of the equity interest not the act of managing the trust of the equity interest,which means that the company of the trust called Beijing Zhongcheng in the limited liability hasn't taken the fiduciary duty which is agreed between WANG Runxiang and the company of the trust called Beijing Zhongcheng in the limited liability.Therefore,the company of the trust called Beijing Zhongcheng in the limited liability should turn back the payment of the trust to WANG Runxiang.