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Post by Kai Lyu on Nov 21, 2013 4:04:11 GMT 4
Clarifying the Trust Law in China: Characteristics and Conceptual Basis Kai Lyu The Chinese University of Hong Kong (CUHK) - Faculty of Law October 31, 2013 Abstract: 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. Number of Pages in PDF File: 29 papers.ssrn.com/sol3/papers.cfm?abstract_id=2349728
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