Object of trust
2016-09-18 22:23:59
the object of trust mainly refers to the trust property.
Scope of trust property:
Trust property refers to the property acquired by the trustee in the trust and the trust property, which is acquired by the trustee for the management, utilization and disposition of the property, and also belongs to the trust property. The specific scope of the trust property of China has no specific provisions, but must be the client's own, transferable legal property. Laws and regulations prohibit the circulation of property can not be used as a trust property; laws and regulations restrict the circulation of property must be approved by the relevant authorities in accordance with the law, can be used as a trust property.
Particularity of trust property:
The particularity of the trust property is mainly manifested as the independence, including the following aspects:
A. the trust property and the client did not establish the trust of other property.
The establishment of the trust, the trustor or death shall be dissolved, revoked, or is declared bankrupt, the trust terminates when the trustor is the only beneficiary, the trust property, as their heritage or liquidation property; if the client is not the only beneficiary of the existence of the trust, the trust property shall not be the inheritance or liquidation property.
B. the difference between the property of the trust property and the property of the trustee.
The trustee must separate the management of the trust property from the inherent property, respectively, and shall not put it into their own property.
C. trust property is independent of the beneficiary's own property:
Although the beneficiary has the right to benefit from the trust property, but this is only one kind of request right, in the duration of the trust, the beneficiary does not enjoy the ownership of the trust property.
On the property of the trust property:
During the trust period, due to the management of the trust property, the shape of the trust property may change. Such as the establishment of the trust property is real estate, later sold into the capital, and then to buy funds into bonds, the bonds into cash, there are a variety of forms, but it is still the trust property, the property does not change.
The function of isolation and protection of the trust property:
It can be said that the trust property is the formation of the risk isolation mechanism and bankruptcy isolation system, in the inventory of non-performing assets and optimize the allocation of resources, the trust has the eternal market, can not match the advantages of banks and insurance institutions.
The trust property shall not be enforced and exceptions:
Because of the independence of the trust property, the general creditors of the principal, the trustee and the beneficiary are unable to recover and trust property, and the general principle of the trust property shall not be enforced.
comments list
I want to comment