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Research On The Pledge System Of Beneficial Right Of Trust In China

Posted on:2019-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:X JiangFull Text:PDF
GTID:2416330545994204Subject:legal
Abstract/Summary:PDF Full Text Request
As the circulation market of China's trust products has not yet been established,the liquidity of trust products has become extremely poor,which has become a constraint to the further development of the trust industry.For this reason,each trust company continuously seeks for an effective way to improve the liquidity of the beneficial rights of trusts in practice.One of them is the pledge of trust beneficial rights.There are two modes of practice in the practice of trust beneficiary rights in practice: standard-type pledges and similar-type pledges,but unfortunately,these two models have not been developed in a market-oriented manner.The reason is that there are three legal obstacles to the development of the trust pledged right.In order to solve the embarrassing situation in the practice of trust beneficiary rights trust,promote the liquidity of the beneficial rights of the trust and maximize the function of the right pledge system,we must confirm the legal status of the trust beneficiary rights pledge,and actively promote the construction of the main body and supporting system for the pledge of trust beneficial rights.There are four parts in the body of this article:The first part introduces the related theories of pledge guarantee of the trust right of the trust.Among them,the trust beneficial right includes the property right and the non-property right,and the trust beneficial right should be defined as the creditor's rights,which provides a theoretical basis for the following arguments on the pledgable of the trust beneficiary right and the design of the system of trust benefiting right.The second part adopts the empirical analysis method and describes the two mod es of operation for the pledge of beneficiary rights in practice,namely the standard pl edge model and the type of pledge model,and concludes that there are three legal ob stacles to practice pledge of trust beneficiary right in our country..The third part uses the literature analysis method,the law interpretation method and the comparative analysis method to demonstrate that the beneficiary right of the trust is pledgable.On the one hand,the beneficial right of the trust is property,negotiable and suitable for the pledge,which is in line with all constituent elements of the right to be pledged;on the other hand,the fund share is essentially the beneficiary right of the trust,andthe Property Law clearly grants it the pledgeability.Therefore,it is reasonable to include the right of trust of the trust in the rights to be pledged.The fourth part puts forward the systemic suggestion of constructing the pledge system of beneficial right of trust.The author proposes to proceed from three levels: top-level design,construction of the main body and supporting system.
Keywords/Search Tags:the beneficial right of trust, pledge of trust beneficiary right, numerus clauses, pledge registration
PDF Full Text Request
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