Comments On The Dispute Case Between Shixinronghe Company And Changan Trust

The trust of asset income right highlights the value of the research because of its rapid development and flexible form,but because of the complex legal relationship of trust,the number of cases involving trust contract is increasing.the Shixinronghe company and Changan Trust and other trust contract disputes are typical asset income rights trust disputes.The core dispute focus of the case is three:plaintiff’s ability to sue,trust validity and damages.First of all,the partners believe that when the executive partners are not exercising their rights,they have the right to file a lawsuit in their own name for the interests of the enterprise,and the damage of Dong Fang Gao Sheng has an interest inthe Shixinronghe company,the Shixinronghe company put forward The suit is specific,the defendant is clearly sued,and the court has jurisdiction,so the plaintiff is qualified.Secondly,whether the trust is effective should be judged comprehensively from the aspects of trust type,trust subject,trust property,transaction mode and so on.The Law on Trust only stipulates from the opposite that the trust property is uncertain and the trust is invalid,and the certainty of trust property is not explained positively,which brings some troubles to the practical community.Although the law is vague,it should be affirmed that certainty in trust property requires its isolation and designation from the principal’s own property,and that it should be clear in quantity and boundary that the trust can not be expressed in definite amounts during its existence.ring trust property certainty.The parties to the contract have made clear the quantity,the content and the boundary of the stock right involved in the lawsuit,so the stock right obtained by Changan Trust is clear and specific,and the trust property is determined.The existence of the right burden on the trust property or other people’s right to purchase the property does not automatically affect the determination of the trust property.The Shixinronghe company can not deny the validity of the trust contract by the existence of the right burden on the stock involved.Finally,malicious collusion needs to satisfy the unity of subjective and objective,Changan Trust has no "malicious" collusion subjectively,and objectively the loss of Dong Fang Gao Sheng is caused by commercial risk,Can not be found to constitute malicious collusion,Changan Trust does not bear liability for damages.