Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Download Trust Law In China full books in PDF, epub, and Kindle. Read online Trust Law In China ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author : Lusina Ho
Publisher :
ISBN 13 :
Total Pages : 356 pages
Book Rating : 4.F/5 ( download)
Download or read book Trust Law in China written by Lusina Ho and published by . This book was released on 2003 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Zhen Meng
Publisher : Springer
ISBN 13 : 9811058466
Total Pages : 178 pages
Book Rating : 4.8/5 (11 download)
Download or read book Ownership of Trust Property in China written by Zhen Meng and published by Springer. This book was released on 2017-07-25 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a hotly debated issue concerning the ownership of trust property in China. The book describes various conventional interpretations of Chinese Trust Law submitted by legal scholars and compares diverse approaches regarding the ownership of trust property provided by jurisdictions globally. The book does not directly answer the question “Who is the owner of trust property in China?” Instead, using a social capital perspective, it develops a more practical perspective to explain why Chinese trust business has grown rapidly even in lack of legal certainty regarding the location of ownership of trust property. The book also further predicts under what conditions is the time ripe to clarify the location of the ownership of trust property in China. By employing those sociological concepts often used to depict and analyze society, this book outlines the structure of the Chinese trust business and related social relations in different stages, i.e., the current rapid development stage, and the possible transitional stage in the near future. The focus is on how the social network structure affects the behavior of actors (such as the settlor, the trustee, and the beneficiaries, and/or their potential candidates) within the relevant section of Chinese society. The book provides readers with an intensive analysis of the impacts of historical, cultural, and social elements on the legislation and development of trust law in China. It will appeal both to lawyers interested in the Chinese trust business and to comparative law researchers and social scientists.
Author : Ruiqiao Zhang
Publisher :
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.:/5 (13 download)
Download or read book Trust Law of China and Its Uncertainties written by Ruiqiao Zhang and published by . This book was released on 2015 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because of the trust's advantages in investment, banking, financing and property management, China took the bold step of introducing the trust in 2001. However, as a product of equitable jurisdiction, the trust seemed to be alien to Chinese law, and seemed particularly inconsistent with the Chinese property system. Therefore, China went down a tortuous road upon its introduction of trusts before eventually promulgating the Trust Law of China in 2001. However, the Trust Law of China deliberately leaves open the fundamental question of the introduction of dual ownership of trust property, which results in a number of limitations in the Chinese legislation. For instance, the ambiguous ownership of trust property and the outstanding nature of the beneficiary's rights all bedevil efforts to analyse Chinese trust law. In this paper, the author first investigates the history of trust in China and Legal Reforms of Chinese Trust Business. Based on this analysis, the following section presents a detailed examination of the Trust Law of China and the limitations of the Chinese trust system.
Author : Lusina Ho
Publisher : Cambridge University Press
ISBN 13 : 110724479X
Total Pages : 321 pages
Book Rating : 4.1/5 (72 download)
Download or read book Trust Law in Asian Civil Law Jurisdictions written by Lusina Ho and published by Cambridge University Press. This book was released on 2013-07-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: • Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives • Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them • Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust • Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.
Author : Siyi Lin
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)
Download or read book Registration of Chinese Trusts written by Siyi Lin and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The registration of the trust property (RTP) requirement was introduced in 2001 with the enactment of Article 10 of the Trust Law of the People's Republic of China (Chinese Trust Law). However, over the past two decades, neither legislators nor courts have issued any instructions guiding the implementation of the RTP requirement. This has led to difficulties implementing it, considerably hindering the development of real estate trusts in China. In 2016, the China Banking Regulatory Commission established China Trust Registration Co., Ltd. (CTR), to register Chinese trusts. However, the CTR system centres on registering trust products rather than trust property; as such, it cannot implement the RTP requirement under Article 10. With the imminent promulgation of the Real Estate Registration Law, questions regarding whether trust registration is necessary and how to implement it have been intensively discussed recently. Against this backdrop, this article explores the underlying rationale of the RTP requirement from a comparative law perspective and offers suggestions for its implementation. This exploration has two purposes: first, to better understand the behind rationale of the RTP requirement and its unique role under the Chinese Trust Law; second, to furnish comparative law scholarship with broader insights into rule transplantation and reconciliation.
Author : Michael Guoqing Liu
Publisher :
ISBN 13 : 9781472438713
Total Pages : pages
Book Rating : 4.4/5 (387 download)
Download or read book Trust Law in the PRC and the Development of Chinese Trust Business written by Michael Guoqing Liu and published by . This book was released on 2016-07-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hui Jing
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (14 download)
Download or read book Third-Party and Bankruptcy Effects Under Chinese Trust Law written by Hui Jing and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is acknowledged that, in English law, the trust's third-party and bankruptcy effects contribute significantly to its wide use in commercial transactions. In view of the trust's attractiveness in conducting commercial dealings, China also introduced the trust model into its domestic legal system to enhance its financial infrastructure. However, given the extent to which Chinese law has been influenced by the Roman-Germanic tradition, China has encountered doctrinal obstacles in the course of replicating the trust's third-party and bankruptcy effects. Drawing upon the experience of its Northeast Asian forerunners, China established two mechanisms to achieve both effects: the regime of trust fund independence and the granting of the right of rescission to beneficiaries. These two mechanisms represent the adjustments made by Chinese legislators in the course of transplanting the trust model into the Chinese legal context. Adopting a comparative law perspective, this article examines both these mechanisms in the Chinese law setting for two reasons: first, to explore the mechanisms' constituent elements and their operations, as well as the roles of both mechanisms in the Chinese trust law system; and second, to furnish comparative law scholarship with broader insights into rule transplantation and reconciliation.
Author : Kai Lyu
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Clarifying the Trust Law in China written by Kai Lyu and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a civil law jurisdiction, China's Trust Law was designed with three characteristics in the process of transplantation and localization of the common law trust. However, these characteristics give rise to theoretical confusions and practical obstacles. This unintended result is not caused by insufficient rules in the Trust Law but by a deficient conceptual basis which is needed to underpin the trust institution. This paper addresses this problem by testing the contract theory and the special patrimony theory and, after systemic analyses, concludes that the latter conceptualizes China's Trust Law well.
Author : Yun-chien Chang
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041194231
Total Pages : 209 pages
Book Rating : 4.0/5 (411 download)
Download or read book Property and Trust Law in Taiwan written by Yun-chien Chang and published by Kluwer Law International B.V.. This book was released on 2017-09-08 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Taiwan deals with the issues related to rights and interests in all kinds of property and assets’ immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Taiwan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Author : Kevin Zhu
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (969 download)
Download or read book China's New Trust Law written by Kevin Zhu and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Frances H. Foster
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book American Trust Law in a Chinese Mirror written by Frances H. Foster and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law scholars have produced a vast literature documenting and analyzing legal transplants. Thus far, however, comparative law scholars have focused principally on legal transplants' impact on the “recipient” country. In so doing, those scholars have missed an equally important phenomenon -- the impact of the process on the “donor” country. This article seeks to fill this gap in the literature. It argues that legal transplants can provide a mirror for donor countries to see flaws in their own systems and new directions for reform. The article uses one example -- China's 2001 import of the classic “Anglo-American” concept of trust -- to illustrate the advantages of a more balanced study of legal transplants. China has produced a voluminous and impressive comparative trust law literature. This literature is important for understanding the trust law model China transplanted as well as the legislative product of that transplant. Yet, because nearly all texts are available only in Chinese, these publications and the lessons they provide have been inaccessible to those who could most profit from them -- trust law scholars and reformers in the United States. This article thus presents the first study of China's critique of American trust law. It shows that close analysis of Chinese commentary, legislative history, and statutory text exposes a systemic flaw that U.S. scholars and reformers should address: inadequate checks and balances on trustees. The article concludes that this finding raises serious questions about the current direction of American trust law. Rather than strengthening the traditional legal and moral constraints on trustees, reformers are actually weakening those constraints. Thus, the mirror China provides should inspire reformers to see our trust system as it really is and to abandon their ill-advised reform agenda.
Author : Hui Jing
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book The Duty of Loyalty in Chinese Trust Laws written by Hui Jing and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the meaning of the duty of loyalty as stipulated in the Trust Law of the People's Republic of China and its supplementary regulations. The analysis of the 'meaning' here is based on an exploration of three specific questions: what is the content and scope of the duty of loyalty; what function(s) does the duty of loyalty perform; and, what remedies are available for breach of the duty of loyalty? Where appropriate, comparisons with the duty of loyalty in the Chinese Company Law and common law jurisdictions will be conducted to delineate the unique characteristics of the duty of loyalty in Chinese trust laws. Based on such analysis, this article thenillustrates the relationship between the function(s) of the duty of loyalty and existing remedies available for breach of this duty. The aim of doing so is two-fold: to better understand what it is that distinguishes the duty of loyalty from other kinds of duties, and to identify the shortcomings that can be observed in the operation of the duty of loyalty in the current legal framework.
Author : Eric Linge
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.:/5 (13 download)
Download or read book Trusts as Institutions in China's Financial Markets written by Eric Linge and published by . This book was released on 2015 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: China passed a law of trusts in 2001 intending it to be useful to financial market participants. Drawing heavily from literature on economic institutions and economic development, this article assesses the potential success of the trust's becoming institutionalized in China. The conclusion is that a legislature's passing of a trust law does not alone make the trust an institution. A law is not an institution until it functions to predictably incentivize and constrain human behavior. A number of provisions in China's Trust Law are unclear, and this prevents the law from functioning with predictability. Further, there is some question whether conditions in China are hospitable to the institutionalization of the trust, and whether the Trust Law can be a catalyst for the development of financial markets.
Author : Zhenting Tan
Publisher :
ISBN 13 : 9780646448862
Total Pages : 294 pages
Book Rating : 4.4/5 (488 download)
Download or read book Perfecting the Chinese Law of Trusts written by Zhenting Tan and published by . This book was released on 2005 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kenneth Reid
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Conceptualising the Chinese Trust written by Kenneth Reid and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today it is common to find trusts in civil law jurisdictions, a recent and significant example being the Chinese trust, introduced in 2001. Yet civil law trusts are not the same as their common law counterparts, and the Chinese trust departs in some respects even from the model often found in the civil law. In particular, the Chinese trust allows for the possibility of title to trust assets being held, not by the trustee, but by the settlor. The paper examines this arrangement and concludes that, while it could be made to work and would justify the name of “trust”, the Chinese legislation fails to provide sufficient restraints on the power of the settlor. The paper then turns to consider the immunity of trust funds from the private creditors of the trustee. How can this immunity be explained? A traditional analysis is that, as the beneficiaries apparently “prevail” over the private creditors, so the explanation must be found in the nature of the beneficiaries' rights, which are said to be real or quasi-real. But this overlooks the position of trust creditors. They too “prevail” over private creditors or, to state the position more accurately for civil law trusts, they have a direct right of recourse against trust assets. Any explanation of immunity must thus account for trust creditors as well as for beneficiaries, and there can be no doubt that the claims of the former are (usually) personal and not real. The solution is to be found in the idea of dual patrimony. In a civil law trust there is segregation not only of assets but of liabilities as well. A trustee has both a private and a trust patrimony. Private creditors may claim only from the former, trust creditors (including beneficiaries) only from the latter. Trust funds are thus immune from private creditors because they are held in a patrimony in respect of which the creditors have no rights.
Author : Lionel Smith
Publisher : Cambridge University Press
ISBN 13 : 1107276683
Total Pages : 585 pages
Book Rating : 4.1/5 (72 download)
Download or read book The Worlds of the Trust written by Lionel Smith and published by Cambridge University Press. This book was released on 2013-08-22 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the common belief that they are found only in the common law tradition, trusts have long been known in mixed jurisdictions even where they have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.
Author : Jian Qu
Publisher :
ISBN 13 :
Total Pages : 323 pages
Book Rating : 4.:/5 (128 download)
Download or read book Trust as an Idea written by Jian Qu and published by . This book was released on 2021 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt:
