信托本質(zhì)的比較分析.pdf

1、對(duì)外經(jīng)濟(jì)貿(mào)易大學(xué)碩士學(xué)位論文信托本質(zhì)的比較分析姓名：涂忠東申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：法律指導(dǎo)教師：鮑祿200504013Abstract Since early 20th century, countries of civil law legal system have been continuously absorbing the trust law system from common law legal system, n

2、onetheless few common law jurists thought that the trust law system underlying by equity law could be integrated into the civil law legal system with simple statutory law, and it also has been approved

3、 by the facts that the function and value of trust law performed well in the common law legal system rarely realized in the countries with civil law tradition. Common law Jurists had gone further t

4、o analyze the division of Common law and Equity Law as the indispensable characteristic of the Trust Law, but ignored to study carefully those relevant systems belongs to Common law traditions. Commencing w

5、ith the introduction of the Trust System by jurist of Civil law legal system, the dispute of the essence of the trust law has never been ceased, meanwhile some theories with regard to the essence were raised. B

6、ut unfortunately, so far no c onvincing conclusion has been reached as jurists of civil law legal family analyzed and argued the essence mostly based on the inherent theoretical constitution of Civil law.

7、The comparative approach is applied to this thesis, for which is not solely confined to the simple comparison with the legal context of different nations, but try to explore the effect of legal tradition, so

8、cial economy and cultural background in different regimes. At first, the author briefly introduces the development history of the Trust Law as the starting point to discuss the essence of the trus

9、t law, then comes to compare two different definitions holding by two legal systems and points out the different understandings of the essence of the trust law from the definitions, then go further into t

10、he analysis of the legal basis and arrangements of the trust law, and finally gets to the conclusion that trust law in two different legal systems is hard to be united and melt into one perfectly, b