The Effect Recognization Of Trust Contract

The trust system originated from the UK.The corn of the trust system is to divide up the trust property in order to achieve a variety of purposes.Trust behavior come about trust relationship,and entering into a trust contract is the most important modality of trust behavior.The case of the trust disputes between the China Construction Bank in the Development Zone and the Yao lai international trade company mainly has two focus of dispute:Firstly,whether the China Construction Bank in the Development Zone and the Yao lai international trade company established the trust relationship? Secondly,whether the Yaolai international trade company could exercise cancellation right? This case intensively incarnate the commercial bank and the import merchant exert the trusteeship to achieve the division and sharing of the trust property in the international trade import and export.Meanwhile,it also reflect the complexity of the affirm of the trust legal relationship.This paper mainly divided into four part.The first part is a brief introduction of the basic facts and the focus of dispute of this case,leading to a subject question of this paper.The second part is the analysis about the first controversial issues of the dispute case between the China Construction Bank in the Development Zone and the Yao lai international trade company.To judge whether the China Construction Bank in the Development Zone and the Yao lai international trade company has set up a Trust Relationship,it needs to analysis through the valid element and the special element this two sides of the trust behavior in the trust contract.The third part is the analysis about the second controversial issues of the dispute case between the China Construction Bank in the Development Zone and the Yao lai international trade company.The Cancellation Right of the trust is a statutory right arises from the special protection of the beneficiary.It must be exercised in conformity with the relevant provisions of the law of trust.So if the China Construction Bank in the Development Zone wants to settle the trust property through exercising the Cancellation Right of the trust to cancel the disposition action of the trustee,it must meet the probisions of the 22 nd of the trust law about the conditions on exercising the Cancellation Right of the trust.The fourth part is the conclusion about the analysis of the case about the dispute case between the China Construction Bank in the Development Zone and the Yao lai internationaltrade company.