Research On Establishing The Subject Status Of Trust Property

Trust system has increasingly become the main aspects of commercial transactions in the modern society,has become increasingly important for the whole market,through the establishment of the trust system,helps the trust in the market growth.In this paper,from the appearance of the trust system to the development of the trust property,and the nature of the system' s history,explains the necessity of the establishment of the trust property subject system,the possibility and the establishment of trust property subject system in china.And combined with the reality of our situation in China to establish the trust property subject system is possible,also is the trust property subject adaptability in China.In the first part of the article,several kinds of disputes by discussing the nature of the concept to the trust property trust properties and different legal systems,different opinions about trust,in this process,this paper focuses on substantive law subject of Japanese say.The second part describes the evolution of the trust property,in this part the paper to explain the change of the role in the actual life of the trust since the modern times,which was originally on the nature of interpretation has been insufficient to meet the reality of the situation,the nature of the trust property has changed,-emphasizing the subjectivity is necessary.In the third part,the main content of the article into,meaning that the independence of the trust property,the current research results illustrate the independence of the trust property,which is the basis of trust property of subjectivity.To illustrate its independence through the trust property and the trustor,trustee and beneficiary of the relationship,in addition to the internal and external relations to illustrate the necessity of independent,explains the adaptability of the"trust property subject"in China,by telling the subjectivity of the trust property,and the partial questioning point:since the law of the civil law system does not recognize the precedent of the subjective status of the object,there is a certain loophole..However,the article argues that the emergence of a trust consortium also shows that it can be regarded as a special legal entity,thus emphasizing that the subjectivity of trust property is theoretically possible and the advantage after subjectivization.Finally,explain the trust property "subject" in China's resilience,by subjectivity about the trust property,and some questioned the point:the continental law does not admit a dominant position of the precedent,therefore has certain vulnerabilities.But this article believes that trust consortium has also illustrated can be regarded as a kind of special legal entity,which emphasizes the subjectivity of trust property is theoretically possible and subject of benefits.Finally,this paper also takes the for-profit trust property legal person as an example to explore the establishment of the trust property main body establishment system,from the trust property legal person registration,the trust property registration and the legal person registration coordination,the trust property legal person operation mechanism and the responsible property,etc.Discussed in order to have some reference for future legislation.