Discussion On Transfer Validity Of Private Trust Beneficial Right Ristricted Transfer

Private trust beneficial right restricted transfer means the abbreviation for private trust beneficial right which is assigned subject to some restriction.This article will discuss the transfer validity and remedies of such beneficial right.Private trust is relative to charitable trust.Charitable trust beneficial right couldn't be transferred,private trust beneficial right which is as a property right could be transferred by property owner.However,the disposition of rights is often restricted just as there is no absolute freedom to human being.There are four kinds of constraints to transfer beneficial right in existing theory,including law restricts transfer,the nature of beneficial right restricts transfer,the stipulation of trust file restricts transfer,and no trade circumstance.In addition to the foregoing,contents of beneficial right that could whether transfer separately or not shall be discussed in this text.Whereas,no trade circumstance is objective fact and do not affect transfer validity,the transfer validities and remedies according to the other four kinds of constraints shall be discussed hereafter.This text shall be consisted of six chapters.Chapter one is the basic theories on transfer of trust beneficial right,and includes general rules of transferring trust beneficial right,constraints of transferring trust beneficial right,for the preparing to discuss the transfer validity.Chapter two is discussion about transfer validity basic on law and regulation restricting transfer of trust beneficial right.The views of academicians consider invalid in violation of law which restricts transferring the right.However,the view of this text considers that it is not absolutely invalid in violation of restrictions by law,and shall considered specific situation.Chapter three is discussion about transfer validity basic on stipulation of trust files restricting transfer.From perspective of creditor's right assignment,bona fide acquisition of property law,the articles of corporation restrict equity transfer,and distinction of material elements and procedural elements in judicial cases,construct the analytical framework for the transfer effectiveness of such restricted transfer benefits.Chapter four is discussion about transfer validity basic on nature of trust beneficial right restricting transfer.The transfer is invalid because of its inherent attributes.Chapter five is discussion about transfer validity basic on contents of trust beneficial right restricting transfer separately.Beneficial right consists of proprietary right and non-proprietary right.This text considers that transfer is invalid when contents of trust beneficial right is transferred separately because of the disadvantages.Chapter six is remedies on invalidity of transfer.There are two situations including transfer agreement is valid or invalid when transfer is invalid.In the perspective of Contract Law,research the remedies in the aforesaid two situations.In the perspective of disgorgement of profits,which should provide reference and application values to achieve equity.The epilogue is conclusion.