Study On Judicial Application Of Rules Of Trustee’s Duty Of Loyalty In Trust Law Of Our Country

This article mainly studies the issue of trust trustees’ duty of loyalty when handling trust practices,points out the problems in the judicial application of the rules of the trustee’s duty of loyalty under our country’s trust law,analyzes these problems in judicial application based on the questions raised and finally tries to solve these problems one by one.The main content of the first chapter of this article is to put forward the typical problems in the judicial application of the rules of trustees’ duty of loyalty.Firstly,it introduces the current legislative status of the rules of trustees’ duty of loyalty in our country’s "Trust Law",and it also introduces the value of this system in this chapter.Then 28 articles of judgment taking the rules of the trustees’ duty of loyalty in the "Trust Law" as the basis of judicial judge are used as the entry point.It analyzes the current judicial application situation of rules of the trustee’s duty of loyalty and selects some cases for special introduction.Finally,according to the analysis of the judicial application situation,it points out the typical problems in the judicial application of the rules of the trustee’s duty of loyalty in our country.The second chapter of this article focuses on one of the typical problems of judicial application,which is the trend that taking the duty of loyalty as agreed duty.In this chapter,it first conducts a theoretical and qualitative analysis of the trustees’ duty of loyalty,and points out the non-contractual basis of the fiduciary relationship and the legal characteristics of the trustees’ duty of loyalty.After that,based on the analysis,according to the different situations where the trust document has an agreement and the trust document has no agreement,respectively,the practice operation path is explored in this chapter.The third chapter of this article focuses on the second typical problem of judicial application of the rules of the trustee’s duty of loyalty in our country,which is the ambiguity of the connotation of the duty of loyalty in judicial application.This chapter first proposes that the ambiguity of the concept and connotation of the duty of loyalty in judicial application is largely caused by the ambiguity of the concept and connotation of the duty of loyalty in the "Trust Law" legislation.The legal provisions of the connotation of the duty of loyalty are investigated in this chapter,and then it was proposed that our country should use Article 25,paragraph 1 of the "Trust Law" as the cornerstone to optimize the general provision of the duty of loyalty and clarify the concept and connotation of the duty of loyalty in legislation.The fourth chapter of this article focuses on the conservative attitude towards the extension of the duty of loyalty in the judicial application,which is the third typical problem of judicial application.Firstly,based on the functions of the duty of loyalty and the concept of the information trustee,the extension of the trustee’s duty of loyalty is analyzed theoretically.Secondly,it examines the extension of the trustee’s duty of loyalty under the perspective of comparative law.Finally,the choice of the regulatory path for the abuse of personal status by the trustee in the judicial practice is proposed,which is to include it in the general provision of the duty of loyalty for regulation.