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A Research On Mechanisms To Balance The Interests Of Independence Of Trust Assets And The Interests Of Transaction Safety

Posted on:2019-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:C LiFull Text:PDF
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Based on the the research of trust property independence,the paper detailedly discusses the drawback of trust property independence,which is destroying transaction security.By introducing systems abroad and analyzing the flaws of present trust publicity in our country,the paper provides suggestions about pefecting China's trust publicity system.The paper is consisted of introduction,main body and conclusions.The main body includes the following three chapters:Chapter One is an overview of trust property's independence.The chapter discusses the origin,concept and connotation of trust property's independence.Discussing the origin is for introducing the background of the issue that the paper tries to explore.Discussing the concept is for limit and definitize the research scope of the paper.The reason why discussing the connotation is because it's closely related with the specific design of trust publicity system.Chapter Two discusses the independence and transaction security of trust property.The chapter mainly discusses the trust property independence's influence on transaction security and solutions of various countries.Although absolute trust property independence provides beneficiaries with strong protection,it is against thebest interests of trust transaction's third party.Hence,countries have taken measures to conduct trust publicity in order to notify the third party of trust property benefit's real the representative of real estate trust registration under Anglo-American Legal System,while more practical and focuses more on the feasibility of trust publicity.Although there is real estate trust publicity in U.S.,its movable property trust publicity is more characteristic and worth learning.Trust property publicity systems in Japan and Taiwan are the representatives under continental law system and similar to each other.As China is also under continental law system,their legislation experiences are more worth learning for our country.Chapter Three reveals the shortages and perfection methods of China's trust property publicity system.Based on analyzing the existing problems of present trust property publicity system in China,and comparing it with advanced practice in other countries,the paper offers solutions for perfecting trust property publicity system in our country.
Keywords/Search Tags:the Independence of the Trust Property, Transaction Security, Trust Property Publicity
PDF Full Text Request
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