Trust:The Innovation of Realization Mode of Mortgage Right of Land Management Right
To land management right mortgage,converting into money,auction and sale are not suitable for the fulfillment mode.There are limitations in the other existing realization modes of mortgage right of land management right.Trust is the innovation of realization mode of mortgage right of land management right,and it is feasible both in theory and practice.As the method to realize the mortgage rihgt,the establishment of the land management right trust should be agreed by the mortgagee,the mortgagee should be the sole or first beneficiary,and trust registration should be carried out.The trustee's rights should be limited.The trustee should not circulate the land management right to others by means of transferring,shareholding,and so on.The trust contract should be allowed to prescribe separately the trustee's separate management obligation.Requirements for the trustee's duty of care should be specified.The special trust supervisor should be set up to supervise the trustee's operation and management of agricultural land.
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