A Comparative Research about the Rights and Duties of the Parties in the Modern Law of Trusts

• Main Authors: GAO,DAN, 高丹
• Other Authors: CHEN, JUNG-LUNG
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/8h58a6

博士 === 輔仁大學 === 法律學系 === 106 === Abstract A Comparative Research about the Rights and Duties of the Partners in the Modern Law of Trusts By Gao，Dan Trust is a relationship whereby property is managed by one person for the benefit of another. Trust property is the essence of a trust and ought to be separated from the properties of the settlor, the trustee, and the beneficiary. Germany, Great Britain, France, Taiwan and Mainland China have been enacted the modern law of trusts. The law of trusts in Taiwan and Mainland China are expected to correct the distortions of trusts in practice and the legal problems about the systems of civil law. This paper has six chapters in total. Chapter One, Introduction, presents the rationale, objectives, methodology, scope and expectation of the research. Chapter Two, Introduction about the development of the roman law of the ownership and fiducia .Chapter Three, the Concept of trust law, begins with the development of legal system in the United Kingdom ,Germany and France. And then discusses the relationship involved in a trust. As the trust system originated in roman law. The system of the common law and civil law are different in many aspects, this chapter also discusses the definition, characteristics, relationship, rights, duties and obligation in civil law and common law and compare the implication of the modern law of trusts in the foreign countries. Chapter Four, Analysis about the legal regulations of the modern law of trusts in Taiwan and Mainland China. The chapter discusses the definition, characteristics, relationship, rights, duties and obligation of trusts in Taiwan and Mainland China. Chapter Five, Analysis about the legal problem of the modern law of trusts in Taiwan and Mainland China. It provides also the opinions about the law of trusts in Mainland China. Chapter Six, Conclusion, is about the suggestions for further research on the modern law of trusts amendment in the future. Keywords: Settlor, Trustee, Beneficiary, Trust Property, Management of Trusts, Right of Trusts, Duty of Trusts, Obligation of Trusts