信托法中对第三人的责任之研究

受托人违反信托,对信托财产造成损失以及对第三人的债务应由受托人以其固有财产承担。但在受托人无违反信托、处理信托事务无过失的情形下,对第三人的责任承担上究竟应归于受托人、委托人抑或受益人,这是一个牵涉信托法基础理论的问题。按照信托原理,在后者的情形下,应当由受益人承担最终损失。

Research on the Liability to Third Party in the Trust Law

If the trustees violate the trust duty which damages the trust assets and the debt of the third party, the trustees must undertake the liability with the assets of theirs. On the occasion without trustee's violation and default during the procedure of trust deal, however, it is a crucial matter of which party among the trustees, the settlers and the beneficiaries should undertake the liability to the third party. According to the principle of Trust Law, the final loss should be undertaken by the beneficiaries in case of the latter situation.