Research On The Civil Liability Of The Trustee's Joint Trustee

Co-trustees system is a new trust system,which not only combined with various of advantages of property management in trust,but also make up for the defect of the ordinary individual trust,and it has become the inevitable trend of trust system development.With the Trust Law of the People' Republic of China in 2001,the Co-trustees system was also introduced to our national Trust.However,a lot of relevant provision of the trust legislation were not enough to clear and perfect,therefor the development of trust has been constrained in practice.Thus this article tries to deal with the problems of co-trustees responsibility through analysis of national and regional regulations and practices together with simple analysis of the domestic and foreign scholars' views on this issue.Hopefully,this article will be of some help to the improvement of our national co-trustees system.Besides the introduction and conclusion,this article can be divided into three chapters:Chapterl part analyses the theoretical foundation of the co-trustees' liability to pay compensation.Co-trustees handling the trust affairs jointly and mutual obligations of the co-trustees is legal basis for the liability to pay compensation,the principle of attribution is the premise for responsibility.This part introduces the obligation of the co-trustees and the principle of attribution of the co-trustees in detail.Chapter2 is the essential part.This section analysis about the undertaking of co-trustees' civil compensation liability in detail.First it analyzed the form of co-trustees bearing civil compensation liability,combining with the different provisions of the two law systems,we get the general point of view of this paper.Co-trustees shall relatively bear several and joint liabilities.Then it comes the analysis of the co-trustees' internal liability-sharing.Co-trustees is equally share the responsibility is the general principles of the Equity,to share liability according to their respective fault is the specific rules,the co-trustees who is forced to take the share over of his own fair still holds the right to seek reimbursement from the other trustees.If there comes the co-trustees replacement,the allocation of responsibility is different between different trustees.Then it discusses the scope of the joint and several compensation liability and the compensation amount.Co-trustees need to compensate for the loss of both direct but and indirect,its calculation method of the compensation is also differs from the loss's nature.The last Chapter,on thorough analysis of the co-trustees several and joint liabilities,combining with other countries of the provisions of the trust law,it explores the lack of regulation in our trust law,and puts forward the measures to improve the system of the co-trustees from the perspectives as follows,increasing from the provisions of the internal responsibility allocation mechanism,perfecting the provisions of the compensation scope and amount,and increasing the trustees' none responsible clause.