The Faithful Obligation Of The Trustee

Trusts are based on trust and are based on a trust relationship with each other,in order to achieve an economic,social,or other purpose between the parties.Its survival is trust.To ensure trust,it is necessary to ensure that the trustee can fulfill his duty of loyalty.Therefore,the duty of loyalty is at the core of the duties of the trustee.The legislative development of the trust system in our country is only more than ten years.There are many legislative deficiencies in the fiduciary duty to the trustee.Based on this,this article studies the trust system of trust countries and regions,and hopes to help improve the fiduciary duties of our trustees.The text of this article is divided into four parts:The first part is the theoretical definition of fiduciary duty of the trustee trustee.Firstly,it elaborates on the trustee's theoretical analysis in the core of the trust relationship;secondly,it defines the concept of fiduciary duty of the trustee,and compares the fiduciary duties of the trustee with other trust obligations.Analyze their similarities and differences.The second part is the extraterritorial study and enlightenment of the fiduciary duties of the trustee.The trust originated from the British and American equitable laws and was later inherited by many countries and regions,such as Japan,South Korea,and Taiwan.Gradually developed in the world.The author tries to improve the status quo of fiduciary duties of the trustee in China by analyzing the provisions of the fiduciary duties of the fiduciaries in the major trust legislative countries of the two major legal systems and refining their legislative highlights.The third part analyzes the relevant legal norms of China's loyal obligations.China has established a more regulated trust system and entered into the "Trust Law." This law is of far-reaching significance for confirming the trust relationship,safeguarding the legitimate rights and interests of the parties,and accelerating the development of the market economy.However,the legislation of the trust system is still relatively simple in our country,and people's understanding of trust is also lagging behind.This paper puts forward that although the fiduciary duties of the trustee have been initially introduced into our country's trust legislation,there are also a series of legislative defects and the resulting legal issues that are too abstract and operative.The fourth part addresses the issues raised in the previous article.I propose to combine the current developments in China's current trust industry and draw lessons from the legislative advantages of the two major legal systems to make up for the legislative deficiencies in the fiduciary duties of trustees in China.Safeguarding the fiduciary's compliance with the various provisions of the fidelity obligation maximizes the trust benefits of the beneficiaries and allows the trust industry to develop in a healthy and orderly manner.