受托人义务的若干基本理论问题研究

信托是一种以受托人为中枢的独特制度设计,受托人在信托和信托法中居于非常重要的地位,因此,信托法常被视为“受托人规制法”。受托人义务是信托法规范课以受托人为实现委托人意愿和受益人利益而实施一定行为的法律拘束。其对象以受益人为主,还包括委托人,产生和存续则分别以信任关系和信赖关系为基础,履行以信托财产为中心。

Study on Certain Theoretical Issues of Trustee's Duty

Trust is a unique systematical design centering on trustee.The trust law is viewed as a law which regulates the trustee because of the key role played by the trustee in trust and the trust law.Hence trustee s duty refers to a legal restriction which is specific act performed for the purpose of trustee's intention and beneficiary's interest.The leading object of the trustee'duty is beneficiary,followed by trustee.The performance of the trustee's duty is centered on trust property.