Trust Law of China and its Uncertainties: Examination of the Rights and Obligations of Trust and Ownership of Trust Property

34 Pages Posted: 25 Nov 2015

Date Written: November 23, 2015

Abstract

Because of the trust’s advantages in investment, banking, financing and property management, China took the bold step of introducing the trust in 2001. However, as a product of equitable jurisdiction, the trust seemed to be alien to Chinese law, and seemed particularly inconsistent with the Chinese property system. Therefore, China went down a tortuous road upon its introduction of trusts before eventually promulgating the Trust Law of China in 2001. However, the Trust Law of China deliberately leaves open the fundamental question of the introduction of dual ownership of trust property, which results in a number of limitations in the Chinese legislation. For instance, the ambiguous ownership of trust property and the outstanding nature of the beneficiary’s rights all bedevil efforts to analyse Chinese trust law. In this paper, the author first investigates the history of trust in China and Legal Reforms of Chinese Trust Business. Based on this analysis, the following section presents a detailed examination of the Trust Law of China and the limitations of the Chinese trust system.

Keywords: Trust Law of China, Uncertainties of the Chinese Trust System, Rights and Obligations of Trust parties, Trust ownership, History of Trust in China

Suggested Citation

Zhang, Ruiqiao, Trust Law of China and its Uncertainties: Examination of the Rights and Obligations of Trust and Ownership of Trust Property (November 23, 2015). Available at SSRN: https://ssrn.com/abstract=2694598 or http://dx.doi.org/10.2139/ssrn.2694598

Ruiqiao Zhang (Contact Author)

McGill University ( email )

1001 Sherbrooke St. W
Montreal, Quebec H3A 1G5
Canada

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