权能分割:论我国《信托法》之信托财产所有权

英美法上信托财产的“双重所有权”与大陆法财产权制度的冲突引发了信托财产所有权归属争议。我国《信托法》中委托人、受托人和受益人的权利义务关系实质是信托财产所有权权能的分割,是在借鉴英美信托财产所有权理论基础上,对信托制度进行的诠释与创新。

Separating the Right and the Power: On the Trust Property Proprietary Rights in Our Country's

The conflict between the "double proprietary right" of the trust property in the laws of United Kingdom and the United States and the property right system of the continent law causes the dispute about the ownership of the proprietary right of the trust property.In our country's ,the right and the obligation relation essence among the truster,the trustee,and the benefited people in fact is the separation of the ownership right and the ownership power with regard to the trust property and is the explanation and innovation of the trust system on the foundation of borrowing the concerned theories of England and the United States.