Clarifying the Trust Law in China: Characteristics and Conceptual Basis

29 Pages Posted: 4 Nov 2013

See all articles by Kai Lyu

Kai Lyu

affiliation not provided to SSRN

Date Written: 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.

Keywords: Trust, China, Characteristics, Conceptual Basis, Special Patrimony

Suggested Citation

Lyu, Kai, Clarifying the Trust Law in China: Characteristics and Conceptual Basis (October 31, 2013). Available at SSRN: https://ssrn.com/abstract=2349728 or http://dx.doi.org/10.2139/ssrn.2349728

Kai Lyu (Contact Author)

affiliation not provided to SSRN

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