Reflection and Way Forward:A Review of the Legitimacy Basis for the Independence of Trust Property in China
The independence of trust property is the core feature of the trust system.The independence of trust property is natural under the"dual ownership"system of the common law system,but it is not legitimate under the property rights system of the Civil Law System.Neither the disclosure of trust property,nor the certainty of trust property,nor other interpretation theories can prove the independence of trust property within the legal framework of the civil law system.In China,although the independence of trust property can be mandated through statutory law,ordinary people and judicial authorities cannot be forced to accept and recognize it psychologically and behaviorally.This has resulted in a crisis of trust in the trust system,a disconnect between trust practice,judiciary and legislation,a lack of civil trust,and judicial authorities evading the application of trust law provisions.The lack of legitimacy of the independence of trust property does not change the necessity and importance of the trust system in the Civil Law System.It should only absorb and learn from the purpose-oriented case model of the development of the trust system in the Anglo-American Legal System,and through the positive interaction between trust practice,judiciary and academic research,Promote trust law renewal with a practice-oriented approach and realize the dynamic balance and coordinated development of the trust legal system and the inherent legal system of the Civil Law System.
万方数据
维普
