Theory and Practice of Trust Law

Author: Fang Jialin
Publisher:
Publish Date: 2004-01-01
Features: "The government" has recently vigorously promoted the liberalization and internationalization of the financial market, making the diversification of financial products an inevitable trend. Trust, with its inherent nature of expanding rights and limiting liabilities, as well as its confidentiality, diversity, and other flexible spaces, has great potential to become the main force of the next wave of new financial products. However, the completeness of the legal system is a prerequisite for smooth practical operations. This book explores the theory and practice of trust law from a comparative legal perspective. In terms of practice, it examines the similarities and differences of trust products both domestically and internationally, particularly how trust design can address the shortcomings of our inherent property transfer and management models, and evaluates the future direction of trust businesses. In terms of theory, in addition to verifying theories with practical examples and exploring blind spots, it also discusses how legal design can control and balance the inherent value conflicts and contradictions of trusts. Furthermore, it examines how trusts originating from the common law system integrate with the foundational legal system derived from the civil law system, which are the two key focuses of this book.