Research On The Liability Of The Trustee In The Trust Law

The protection of trust property is a core of trust system, because the successful fulfillment of trust purpose is based on the safety of trust property. And trust property is held and operated by trustees, so the protection of trust property must be based on trustees'correct performance of fiduciary duties. And, improving the liability system for damages caused by trustees violating fiduciary duties can ensure trustees to perform their duties correctly.So, this thesis is titled as liability for damages caused by trustees violating fiduciary duties. Combining with the legislation and practice of different countries, it analyzes and expounds the key issues of trustees' liability for damages. It expounds in detail the nature of trustees'liability for damages, doctrine of fixation of trustees'liability for damages, ways of trustees bearing liability for damages, and exclusion clause of trustees' liability for damages. Based on that, it also gives a brief analysis and explanation of China's trust legislation, in the hope of doing a little contribution and suggestion to improving China's trust law system. Except for introduction and conclusion, this thesis can be divided into three parts. The first part of this thesis mainly studies the source and legal nature of trustees' liability for damages. First, it conducts a strict legal definition for trustees'liability for damages; second, it introduces in detail the legal source of trustees'liability for damages-trust obligations, and expounds in detail the main content of trust obligations; at last, it combines with the different opinions of scholars from different countries on trustees' liability for damages, and proposes the viewpoint that trustees' liability for damages is an independent "liability for breaching fiduciary dutiesThe second part of this thesis includes three contents:(1) the doctrine of fixation of trustees'liability for damages. It respectively introduces the judgment of fault liability when trustees violate the duty of care, and the application principles of the doctrine of fixation of trustees'liability for damages in the case of trustees violating the duty to keep trust property separate; (2) trustees'bearing of liability for damages. It explains two issues:first, combining with the general principles of the legal system on liability for damages, it analyzes and explains the extent and ways of trustees'liability for damages; second, it introduces the principles and methods for calculating the amount of trustees'liability for damages; (3) exemption circumstances of trustees'liability for damages. In this part, it combines with the related experience in legislation and practice of the United States and England to give a detailed analysis and introduction of the three exemption circumstances.The third part of this thesis is the ending. Combining with the above principles, it mainly analyzes three key issues in China's trust laws:the application of the doctrine of fixation of trustees'liability for damages, performance of liability for damages, and exemption circumstances of liability for damages, and proposes some suggestions in the hope of doing a little contribution to improving China's trust law system.