Study Of The Independence Of The Trust Property

â… . The main contents and standpoints of the thesis. The modern trust originates the Common Law System, getsinnovation and development in Japan, and has already been transplantedby the Civil Law System. However, the trust growing in the CommonLaw System must have conflicts with the traditional civil law theories.How to dissolve the conflicts in the process of transplant in the Civil LawSystem, and guarantee the special function of trust at the same time?Definitude the independence of the trust property, and carrying through inthe trust law, it is the lawmaking technique method of the Civil LawSystem country. This thesis focus on the independence of the trustproperty, using the method of comparison(comparison the trust law of theCommon Law System with the Civil Law system, comparison the trustlaw of our country with the other countries of the Civil Law System)toresearch the related law system of trust. This thesis is divided into fourchapters. Chapter 1, the independence of the trust property, this principle isthe communication bridge of the two law systems. This chapter has threeparts to carry on the analysis. Firstly, the special function and the spirit oftrust, this is exactly the source of motive for the Civil Law countries totransplant the trust law. Secondly, the theories foundation of the trust lawof the Common Law System is " dual ownership" idea, but the Civil LawSystem countries do not have the same theories foundation, " theindependence of the trust property " solve the conflict of the two lawsystems. Thirdly, analyzing the meaning of "the independence of the trustproperty ", it means that the trust property is independent to each party ofa trust, only obeying to the trust purpose. The independence of trustproperty is the core principle of trust law, and it decides the other relatedsystem designs. Chapter 2, the trust property system related to the independence ofthe trust property. Using the method of comparison and economicanalysis to research the system of trust property transfer and trustproperty register. In my opinion, the trust law of our country does notendow the ownership to the trustees, it is not beneficial for thebeneficiaries, and it is also disadvantageous for exercising the trustee'sduty of managing the trust property and realizing the purpose of trust. Inthe aspects of trust register system, there are mainly two aspects: One isthe effect of trust register. the other is concrete rules of register, the ruleof the trust law of our country is too general, and it is lack ofmaneuverability, so the trust law should be further explicit on the scope ofproperty which need register, the register authorities and registerapplicant etc. Chapter 3, the independence of the trust property and the allotmentof the rights and duties of the trust party. To keep the independence of thetrust property, need to the rights and duties of the trust party(including theclient, trustee and beneficiary) .This chapter compares the two lawsystems, and researches on the duty of trustee, the supervision ofbeneficiary to the trustee, and the rights of client. The duties of trusteerelated to the independence of trust property are mainly the duty ofpaying the benefits to beneficiary, classification management and bookconstitution. On these two aspects of trustee's duty and beneficiary's right,the rules of trust law of the two law systems are almost consistent. Butthe rule of the Common Law System is more tight and meticulous, it isdeserved to learn. The trust law is considered belonging to the propertylaw in the Common Law System, but the Civil Law System consider trustis a contract, therefore, there are many differences on the aspect ofclient's right between the two law systems. The trust law of Civil LawSystem endows client the right of supervision. However, how to limit theright of client, and keep the characteristic of trust? It is exactly animportant issue for inquiry. Chapter 4, the balance of the independence of trust property andrelated creditor's right. This chapter research on four aspects, the creditor...