Research On The Typology Of Judgment Logic In Private Trust Disputes

Private trust is the general terms for civil trust and commercial trust which correspond to public trust disputes.It refers to the disputes between parties in the trust that established between civil parties such as civil trust and commercial trust as the private interests of specific entities.Private trust disputes in the broad sense can be divided into typical(narrow sense)private trust disputes and atypical private trust disputes.It refers to all non-public trust disputes that require the application of the Trust Law to determine the focus of a dispute.If the court stated that the reason for determining the establishment of the trust contract is merely that the contract meets the standards for contract establishment and entry into force stipulated in the Contract Law,without reviewing the necessary elements of trust contract,it may easily lead to the consequence that the court's application of the Trust Law is just the form.In the case where the parties claim to dissolve the trust,the court should review whether the claimant has the right to dissolve in the sense of the Contract Law,and it should also review whether claimant has the right to dissolve in sense of the Trust Law.In the case where the plaintiff claims that the trust contract is not established,the court will only review whether the specific reasons for the plaintiff's claim are true,and it is still not an active review of whether the various elements of trust contract are complete and legal.Depending on the complexity of the case,the type of trust products,the level of detail in the relevant obligations of the trust contract,the trial court,and other factors,the court's attitude to whether the trustee has compensated the client or the investor for losses is quite different.Recognizing shareholding as a guarantee is not only possible to ignore the true meaning of clients and trustees,but also not protect the interests of company creditors.Under substantive standards,an entrusted wealth management contract may establish a trust,even if the contract does not include the word “trust”.An attempt should be made to establish a mechanism to block the successful application of a security applicant during the trial of a security case,provided that the respondent can prove that the relevant account is a trust-only account.The civil trust registration system can be improved through the provision of civil trust related rights registration services by existing rights registration authorities or by the CTRC.