Category: Money tips Release Date: 2007-07-26
Comrade Zhou:
I would like to buy a set of trust, but trust that more professional, I do not know the money to the trust company reliable? Trust and agent of the difference?
Shandong Mr. Ding
Mr. Ding:
From the formal point of view, trust and the principal-agent, as are all his property to others, the management of a legal system, in fact, trust and the principal-agent is still very different. Trust hidden four distinct legal principle: separation of ownership and interests, the independence of the trust property, limited liability, trust management continuity.
1, the trust property, the separation of ownership and interests. Trust as a property management system, its greatest feature is that the trust property, the separation of ownership and interests. On the one hand, the trustees have ownership of the trust property, he can, like, like a real ownership, management and disposition of trust property, the third person as trustee for the Trust are also the subject of rights and their property, engaged in various transactions. On the other hand, the trustee of the trust property, the ownership of another property ownership in general is different from the trustee can not trust their own interests and the exercise of property rights, we must properly manage and dispose of trust property, and the interests of the trust property to the client the designated beneficiary. Separation of ownership and interest, the trust property, the subject of rights and interests of the main phase separation, it is different from other property in the trust management system, a fundamental characteristic.
2, the independence of the trust property. Independence of the trust property is the most important legal characteristic of a trust is established, in place within the trust relationship between the force of law as follows: a, from a client's point of view, the client once the property of a trust, that is, the loss of their property ownership. b, from the perspective of the trustee, the trust property separate from the inherent property of the trustee (referring to the former trustee of the trust relationship has been established that all of the property). Trustee Despite the ownership of the trust property, but this is merely a form of ownership, as trustee of the trust property does not give him such a title to bring the benefits of ownership. Meanwhile, in order to avoid the trustee of the trust property and the inherent property of confusion, trust contracts and related laws should be inherent in the trustee's property and set up a firewall between the trust property. c, from the perspective of the beneficiary, the beneficiary of the trust property is entitled to only so doing, the duration of the trust, the beneficiaries do not enjoy the trust property ownership, and therefore did not belong to the beneficiaries of the trust property, own the property.
3, the trust property, limited liability. Limited liability of the trust property is the inevitable result of the independence of the trust property. A limited liability trust property embodied in the trust relationship between intra-and trust between people and the third. Clients in the establishment of the trust after the loss of ownership of trust property, unless retained in the trust deed in the appropriate permissions, or to withdraw outside the trust relationship. Trustee for the trust relationship of liabilities incurred by the beneficiary (ie, payment of trust benefits), only limited to the trust property. At the same time, the trustee in handling trust affairs claims incurred by third people to enjoy, up to ensure that all trust property, but compensation for the loss of a third party, will not happen bear unlimited liability for its own property, the legal consequences.
4, the Trust property management continuity. Trust is a kind of long-term nature and stability of the property management systems, trust management, continuity of outstanding performance has been established in the trust are not affected by the change of trustee of survival. Trust established, even if the trustee death, dissolution, incapacity or other reasons to terminate its handling of trust affairs duties, the trust relationship is not be eliminated, this time based on trust document specifies a new trustee. Trustee of the trust property to bear the new ownership, the interests of management responsibility to continue to dispose of the beneficiaries of the trust property obligations.
