| In recent years,the domestic trust industry has developed rapidly,becoming the second largest wealth market after bank wealth management.In order to meet the needs of financiers,a variety of new operating models have emerged in the trust industry.As a common trust business in the trust industry,the specific asset income right trust has its typical analytical value in judicial disputes.Because the right to income is created in practice,it is not a right directly stipulated by law,and the current academic circles have not clearly defined the right to income from specific assets,which has led to greater controversy in the validity of the right to trust on specific assets.The trust contract disputes from the 2013 Anxin Trust v.Kunshan Chungao to the 2016 Shi Xinrong and v.Changan International Trust cases have shown the court’s change in the trust attitude of specific asset income rights.Effectiveness of the asset income right trust.However,the court’s determination of the validity of the specific asset income right trust is only at the contract level.It does not determine whether the specific asset income right meets the effective requirements of the trust property and the connotation of the certainty of the trust property from the perspective of the Trust Law Through the analysis,the definition of the nature of the right to the return of specific assets has also been in a vague stateThe trust property is the core of the trust relationship.The key to the effectiveness of a specific asset income right trust is whether the specific asset income right as a trust property meets the certainty requirements of the effective requirements of the trust property and the identification of the nature of the specific asset income right.The focus of this article is to determine the legal nature of the specific asset income right,discuss the connotation of the certainty of trust property,and provide valuable suggestions on whether the specific asset income right can be used as a trust property to establish an effective trustThis article is divided into four chaptersThe first chapter puts forward the problems existing in the specific asset income right trust based on practice,that is,the legal nature of the specific asset income right is unclear and whether the specific asset income right can be used as a qualified trust property.The second chapter analyzes the legal nature of the specific asset income right First,the definition of the specific asset income right is clarified.Second,the existing theory of the legal nature of the specific asset income right is explained and analyzed,and the conclusion that the specific asset income right belongs to future claimsThe third chapter analyzes the validity of the specific asset income right trust First,determine the operation mode of the specific asset income right trust based on judicial cases in practice,and set up the trust with the specific asset income right as the trust property,and then analyze the scope of the trust property and its effective conditions(legality,transferability,certainty),It also analyzes the certainty of the trust property,and concludes that the certainty of the trust property needs to meet two conditions:isolation and designation from the client’s own property;the quantity and boundary should be clear.At the same time,it analyzes whether the specific asset income right as a future claim is transferable,and concludes that the future claim is transferable.Finally,the eligibility of specific asset income right as trust property is analyzed.It mainly analyzes whether the specific asset income right meets the effective requirements of the trust property and whether the specific asset income right belongs to the scope of the trust property.It has legitimacy and transferability Whether it has certainty or not must be specifically judged in conjunction with the contract.If the contract clearly stipulates the content and scope of the specific asset income right,the underlying assets involved,the method of performance,the debtor and other factors,the specific asset income right is deemed to be deterministic,meet the effective requirements of the trust property,and belong to other assets in the trust property.Property rights may be used as the conclusion for the establishment of a trust in an eligible trust propertyThe fourth chapter analyzes the problem of the unclear timing of the transfer of specific asset income rights in specific asset income rights trusts.Two suggestions are proposed for this issue:first,adopt a public announcement system of future creditor rights transfers;second,the principal and trustee of the specific asset income right trust jointly designate a depository bank and open a special account to agree on the generation of basic assets,all proceeds of the company directly enter the special account without the principal,and the trustee instructs the depository bank to allocate and dispose of the proceeds. |
