A Study of Trust Law in Financing Construction Development

• Main Authors: Ssu -Ling,Yeh, 葉思玲
• Other Authors: 姚志明
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/23131134688617384549

碩士 === 輔仁大學 === 法律學系碩士在職專班 === 103 === This research mainly studies the practical operation of construction financing case, from the perspective of the bank's use of trust law to credit risk control, and related legal disputes and vulnerability of trust period derivative. The first Chapter explains the research motivation, purpose, scope and methods of research. Chapter II introduce Anglo-American legal system of trust law and the definition and the use of general and real estate trusts in our country, moreover, the similarities and differences between the general common trust system. Chapter III illustrate the concepts and types of bank financing. how construction financing being used in banking practice. Chapter IV explain how to use trust platform to handle building financing in banking practice with supported patterns that are commonly seen in the industry. Chapter V Conclusions In practice, using trust to handle construction financing has inherent advantages. However, most of the trust practices in our country are handled by banks that are not equipped with construction professions. Not like professional Japanese trust banks, they attract a variety of construction managers. Our trust industry may not be able to reach initial expectations due to inability to monitor the project’s progress. Since the building proprietor is held responsible under Condominium Administration Act and Building Act, trust industry is often excused itself from such responsibilities in the contract. But building proprietor is still being held liable with administrative responsibilities by the third party even though the trust relation has ended. Many trust enterprises are tangled with legal dispute as the building proprietor. It has added cost and risks considerably while developing real estate trust business.