| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 102 === Security trust, for the purpose to protect the rights of the Creditor, is widely used. Before our trust law has not yet developed, we depended on the judgment of judicial practice to establish a framework of security trust. However, it seems the concept of “security trust” described by our justice is the “alienation guarantee”. After the development of Trust Law, it is necessary to investigate the nature of the security trust.
The real estate alienation guarantee is a type of security of real rights law, which has a long history in abroad and most scholars and practitioners recognize its existence. However, there is lack of law to expressly provide whether it is suitable for the national conditions and practice of Taiwan. Therefore, whether it is necessary to legislate shall be studied and discussed further, which is also the purpose of the paper.
The paper starts from introducing the security trust and alienation guarantee. Since our trust law succeeds from Japan, the paper tries to analysis treaties and statistics to search our problems of the rule application of Taiwan. Wish that the conclusion provides foundation of the legislation of Taiwan.
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