Trust Property The Ownership Of A Comparative Study

Trust property is defined as property transferred to the trustee by the settlor, which the trustee isrequired to manage and deal with accordingly. The ownership of the trust property is so importantthat it not only determines the rights and duties of the parties in a trust, but determines thefunctions and mechanism designs of trust. In china, since the legal provisions relevant to the trustproperty ownership is not complete and clear enough, many disputes arise among the scholars andwriters. Based on the above mentioned situation, this article, adopting a comparative research way,aims to analyze and research into this subject. It starts from the basic legal theory of trust propertyand research on relevant rules of Common Legal system and International Convention. This article,involving both the trust period and trust termination period, further researches into the rules ofmain countries and districts under Roman Legal system in chapter 3. In chapter 4, the authoranalyzes the provisions regarding trust property ownership in Trust Law of PRC and the maintheories of the Chinese scholars. Based on the detailed analysis, comparison and research, theauthor comes to three conclusions, hoping that they may benefit the development of trust practiceand theoryin China.