Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 99 === Abstract
Trust has always been a popular topic of discussion. Its interaction and combined effects with wealth management cover a myriad of issues relating to law, politics, financial management and taxation planning. Trust originated in the use system in medieval England. One British Lord Chancellor in the 19th Century once stated, “In British law, trust is the legal concept with the greatest creative contribution.”After several hundred years of evolution and reform in Anglo-American law, trust law has also been transplanted into the civil law systems of several continental law countries, including Taiwan, to respond to the social and economic changes and diversity of the society.
The regulations and prctices of compulsory enforcement on trust real property in Taiwan will be the focus of this research. This study examines all the academic theories concerning trust real property and refers to foreign legislative examples, which aims to provide suggestions and directions for future legislative amendment in Taiwan so that relevant laws and regulations can reflect the wealth management practices of modern day people to stimulate social progress.
This paper arrives at the conclusion that it is necessary to amsnd the current trust law in Taiwan, namely, to afford a centrality or capacity for rights to trust property in order to resolve the current conflicts arising form the application of trust law in theory and practice.
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