A Comparative Analysis Of The Nature Of Trust

Since early 20th century, countries of civil law legal system have been continuously absorbing the trust law system from common law legal system, nonetheless few common law jurists thought that the trust law system underlying by equity law could be integrated into the civil law legal system with simple statutory law, and it also has been approved by the facts that the function and value of trust law performed well in the common law legal system rarely realized in the countries with civil law tradition. Common law Jurists had gone further to analyze the division of Common law and Equity Law as the indispensable characteristic of the Trust Law, but ignored to study carefully those relevant systems belongs to Common law traditions.Commencing with the introduction of the Trust System by jurist of Civil law legal system, the dispute of the essence of the trust law has never been ceased, meanwhile some theories with regard to the essence were raised. But unfortunately, so far no convincing conclusion has been reached as jurists of civil law legal family analyzed and argued the essence mostly based on the inherent theoretical constitution of Civil law.The comparative approach is applied to this thesis, for which is not solely confined to the simple comparison with the legal context of different nations, but try to explore the effect of legal tradition, social economy and cultural background in different regimes. At first, the author briefly introduces the development history of the Trust Law as the starting point to discuss the essence of the trust law, then comes to compare two different definitions holding by two legal systems and points out the different understandings of the essence of the trust law from the definitions, then go further into the analysis of the legal basis and arrangements of the trust law, and finally gets to the conclusion that trust law in two different legal systems is hard to be united and melt into one perfectly, besides, the author puts forward some advices to resolve the problem.