The research of the publicity of trust

• Main Authors: Yi-Lun Tseng, 曾邑倫
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/82214115510708044838

碩士 === 國立中正大學 === 法律所 === 94 === A trust is a fiduciary relationship in which one person is the holder of the title to property subject to an equitable obligation to keep or use the property for the benefit of another. Due to the increasing of trust contract , the trust law has become a matter of great significance. Indeed, the trust institution conflicts with the protection of the creditors, and how to make balance between the two institutions is an important question that shall not be ignored. To solve the question, the trust law provision four in Taiwan states the publicity of trust, provision six states that the creditors exercises his right of abolishment, provision eighteen states that the beneficiary exercises his right of abolishment. All of the articles were legislated to solve those questions that derivate from the trust institution. This thesis is an overall research of publicity of trust and the protection of creditors. It includes seven parts: Part one illustrates the balance between the transaction security and the real right. Part two introduces the theory that the independence of trust property and the character of trust . Part three explains that the purpose of publicity of trust just wants to protect the transaction security , not to deprive of the real right . Part four illustrates the independence of trust property , and expounds that the trust property shall not be enforced, and analyzes that whether the trust property is influenced by the publicity of trust or not. Part five discusses and reviews he provisions about the publicity of trust . Part six analyzes the possibility to make trust property publicly, and makes the creditors to realize the whole trust property. Part seven summarizes this thesis and makes an conclusion .