The principles of trust law were studied, and it was said that the whole "how does the trustee control other people's property"? It is not a simple collection of laws, but a set of bottom-up logics on trust, obligations, separation of property. I don't know about this logic. All the systems in the back are in the air。
What is the doctrine of trust
At the heart of the research on the principles of trust law, it's just one word:Trust relationsI don't know. The trustee hands over the property to the trustee, who administers it for the purposes agreed upon, and the beneficiary has the benefit - the delineation of rights and obligations between these three parties, how to regulate them and how to remedy them are the starting point for all theoretical research. You go back to this triangle and you can't get away with it。
DeeperIndependence of trust assetsProblem. Once the property is loaded into a trust, it is completely severed from the client's own property and the trustee's property is not pursued. This principle sounds simple, but in practice it is highly controversial — how does the client define itself as a trustee? Is it independent that trust assets are enforced by the courts? These questions need to be answered at the theoretical level, otherwise the system as a whole will be unstable。
It's hard to rule trust law
The difficulty is that trust law cuts across several areas of civil, commercial and tax law, but its underlying logic is different from it. The property law says "who owns it" and the trust law says "the property is locked in the end." this shift in thinking is a conundrum for many law students, who are used to the framework of one power, and who suddenly see a person taking on rights and duties at the same time, and who can fight。
There is also a very practical difficulty: since the enactment of our trust act in 2001, the accumulation of supporting judicial interpretations and jurisprudence is far from rich. You read the theory, and you find a lot of discussion in contrast to the british-american trust tradition, because our system design is itself a reference-based patch. It is much more important to understand why these patches exist and why they are so long than simply backlines。
I don't need you to remember hundreds of articles, but to think about how trust is locked in the system. When you think of this layer, the specific rules behind it are just leaves, and it's fine。
