论信托财产的权利归属.pdfVIP

Abstract Trust system originated from the Anglo-American Equity Law, which serves as a property management system for the benefit of others. The property management system lies especially in that, the property is managed to separate the disposition right form benefited right, transferring property and unique functions such as management, long-term planning property and social public service, etc., extremely flexible in operation. In the Common Law System countries, trust law is widely used, almost covering every aspect of social life, spurring local economic development enormously. With the rapid development of the economic globalization, the Civil Law System countries introduce the trust system one after another. Our country also issues Trust Law on April 2001. Trust Law of our country basically inherits the basic idea of the Anglo-American trust law, but in the trust property ownership question, like the Civil Law system countries, without adopting “Dual Ownership theory, but taking the attitude of avoiding it. How to decide the ownership of the trust property is very necessary, no matter in theory or practice. This thesis tales the theory analytical method and historical analytical method, starting with the history origin of trust law of the Common Law System, and analyzes the essence of the trustee’s legal title and the beneficiaries’equitable title, pointing out the trust property ownership problem can be explained and solved with the real right theory of the Civil Law clearly. It is also demonstrated that, the trustee’s legal title is essentially the management disposition right, which is a kind of the right of disposition of trust property. This is a new kind of the real right in the Civil Law. The equitable title of the beneficiary is the real ownership. There are about