Determination Of The Independence Of Trust Property In Judicial Practic

With the high quality development of economy,wealth has accumulated to a certain extent,and trust disputes in judicial practice are increasing year by year.Since the trust system is imported from the beginning,civil law countries will inevitably have flaws when introducing it,and the compatibility between the trust system and the inherent legal framework is also one of the reasons for the difficulty in dealing with trust disputes.Trust relationship is set up around trust property,most cases involving trust disputes are related to trust property,and the most controversial is the identification of independence of trust property.Although Article 15,Article 16,Article 17 and Article 29 of the Chinese Trust Law make relevant provisions on the independence of trust property,the specific operation rules of this principle and how to correctly understand the independence of trust property are not involved.As a result,different courts have different understanding of this issue when hearing trust cases,and even appear completely opposite judgments.This paper will focus on the specific application of the independence of trust property in judicial practice,explore the actual value of the independence of trust property under the current legal system,through three judicial cases to explore the existing problems in the current judicial practice,and put forward some suggestions for improvement,in order to bring new thinking and enlightenment to the judicial practice in the future.