A Probe Into The External Civil Liability Of Trustees

In the trust relationship,in order to achieve the purpose of the trust,the trustee needs to conscientiously perform the duties of the trustee and actively manage the trust affairs.Therefore,the trustee and the trust property are at the core of the trust relationship.During the transaction,it may cause the core issue in the external civil liability of the trustee,that is,the issue of the scope of liability property.Whether the trustee undertakes limited external liability limited to the trust property or assumes unlimited external liability with its own inherent property and the trust property is not only related to the stability of the trust property,but also to the balance of interests between the trust trustee and the beneficiary.However,Article 37 of my country’s "Trust Law" is vague on the important issue of the scope of the trustee’s externally responsible property.Chinese theoretical circles have different views on the scope of the trustee’s externally responsible property.Judicial policies Also the guidance is unclear.In view of this,this paper attempts to discuss the scope of the property of responsibility in the trustee’s external civil liability,and puts forward its own views by analyzing the status quo of judicial determination and applying theoretical knowledge,and then putting forward suggestions for the improvement of the trust trustee’s external civil liability system in my country.This thesis is divided into four parts in the main structure.The first part puts forward the problems that the scope of liability property in my country’s trust trustee’s external civil liability is unclear at the legislative level,there are disputes at the theoretical level,and the judicial policy guidance is unclear.The external civil liability of the trustee refers to the breach of contract or tort liability that the trustee needs to bear to a third party in the process of handling the trust affairs,where the third party refers to the creditor of the trust;Compare and find the particularity of the external civil liability of the trust trustee;analyze the premise of the external civil liability of the trust trustee is that the trustee needs to perform the duty of good management and care;analyze the core issue in the external civil liability of the trust trustee is the scope of liability property.This paper discusses the foreign civil liability of Chinese trustees from the perspective of the scope of responsible property;summarizes the evolution process of the rules on the scope of responsible property in the foreign civil liability regulations of foreign trust trustees,and seeks extraterritorial experience for improving my country’s foreign civil liability system for trust trustees.The second part demonstrates that the trustee assumes unlimited liability to the outside world is in line with the judicial reality of our country at the level of judicial determination of the status quo.The proof is based on the analysis of typical judicial cases.It is found that the status quo of judicial determination of the scope of liability property in the foreign civil liability of the trustee in my country is that most courts judge that the trustee bears unlimited liability to the outside world,and the court judges that the trustee bears unlimited liability to the outside world based on the facts of the case.It is reasonable to start with sufficient reason and fully consider factors such as my country’s lack of a complete property trust registration system,the principle of commercial appearance,and prompting the trustee to prudently examine the trust property.The third part argues that the trustee should undertake unlimited external responsibility at the level of theoretical analysis.That is to say,the trustee assumes unlimited liability to the outside world,which is in line with the characteristics of the trust property,which is conducive to fully demonstrating the value concept of the trust,and can realize the balance of interests between the trustee and the beneficiary.Require.The fourth part is based on the conclusion that the trustee assumes unlimited liability to the outside world,taking into account the enthusiasm of the trustee to manage trust affairs after the trustee assumes unlimited liability to the outside world,and the accurate application of relevant laws and regulations in judicial practice,and puts forward suggestions on improving the external civil liability system of trust trustees in my country.At the legislative level,it is suggested that the future "Trust Law" should clarify that the trustee assumes unlimited external responsibility,and design relevant rules as general rules and arbitrary rules.At the judicial level,through the formulation of judicial interpretations,the order of repayment of liable property is determined according to the degree of attention of the third party,and the “active” and“passive” third parties are distinguished to clarify the applicable conditions of relevant laws and regulations.At the level of supporting systems,the future "Trust Law" should make it clear that the trustee has the right to claim the defect guarantee against the settlor,improve the trustee’s internal relief system and need to build an "all-inclusive" property trust registration system.