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Trust Law of China and Its Uncertainty Regarding the Location of Ownership of Trust Property

In: Ownership of Trust Property in China

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  • Zhen Meng

    (Nanjing University of Science and Technology)

Abstract

This chapter starts with an observation and description of the historical background of Chinese trusts, which is essential to understand why it was necessary for China to enact the trust law in 2001. In Sect. 2.1, it firstly describes the development and problems of trust and investment companies in modern China; and then examines the reasons for the need of trust industry in China before the enactment of the trust law; it also explains why the Chinese legislature considered the trust law as a necessary solution to the further development of trust industry; and finally it describes the legislative procedure of the trust law in China, showing the disputes among legislators during the legislative procedure. In Sect. 2.2, it moves on to outline the origin of trust law in common law system, and the recent trend in the reception of trust in a global context, and then discusses the conflicts between the concept of “trust” and conventional way of thinking by lawyers of civil law jurisdictions. Section 3 of this chapter focuses on Article 2 of Chinese trust law, explaining the practical problems accompanied with it.

Suggested Citation

  • Zhen Meng, 2017. "Trust Law of China and Its Uncertainty Regarding the Location of Ownership of Trust Property," Perspectives in Law, Business and Innovation, in: Ownership of Trust Property in China, chapter 0, pages 13-35, Springer.
    • Handle: RePEc:spr:perchp:978-981-10-5846-2_2
    DOI: 10.1007/978-981-10-5846-2_2
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