A Comparative Research Of Trustee’s Duty To Segregate And Identify Trust Property Under Common Law System And Law In Taiwan

• Main Authors: Sophia Yeh, 葉詩佳
• Other Authors: Sai-ing Yeh
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/87123053251544118919

碩士 === 中原大學 === 財經法律研究所 === 96 === Trust is the greatest and most distinctive achievement of English law,grown and developed over the passage of time,to meet new demands in order to provide new solutions to problems,which has led to it being so widely and inventively used worldwide.One of the most important foundation that carries out the core value of trust ,is the rule against commingling, namely the duty to earmark and segregate trust property with trustee’s own. Whether this general prohibition is strictly applied or should be taken as default rules, not only involves the loyalty’s prohibition against a trustee’s creation of potentially conflicting interests, but also the dispute over whether fiduciary duties ,not alike other contractual undertakings,has moral footing as well. Concept of constructive trust, as a result of commingling trust property under common law system,is substituted by the system of disgorging under law in Taiwan,yet constructive trust enables the trace of trust property ,therefore leads stronger protection to beneficiary’s rights,also raised the issue of adopting it or not. When it comes to the compensation for breach of trust,causation is required no matter under common law system or law in Taiwan, although the burden of proof shifts to the trustee under law in Taiwan,while on the contrary is taken place by the beneficiary under common law system. Fault liability,the basis of compensation under common law system, also distinguishs from no-fault liability under the law in Taiwan. Each and every issue above, motivated the accomplishment of the essay.