论农村土地承包经营权信托财产的管理

受托人处于信托关系的核心,为了实现信托目的,有效管理和实现其利益最大化,必须赋予受托人一定的管理权限,包括信托条款所明示的以及为完成信托事务所必要之管理权限.但由于信托合同为受托人“完成信托事务所必须之权限”留下了极大的自由裁量空间,存在受托人恣意妄为之忧,因此很有必要在受托人处理信托事务的过程之中为其加载谨慎义务.要...

On the Administration of the Trust Estate in Rural Land Contracted Management Right

The trustee is at the core of the fiduciary relationship.In order to fulfill the trust purpose,effective management and maximization of benefits,the trustee must be granted with certain authority of administration,including the declaration in the trust terms and other indispensable privileges for the accomplishment of the trust.However,the corresponding duty of prudence is essential to the trustee during the process of trust affairs,since these "indispensable privileges" in the trust contract entitle them excessive discretionary power that may lead to the abuse of their administration.The trustee is under a duty in administering the trust to exercise such care and skill as a man of ordinary prudence would exercise in dealing with his own property.Under different circumstances,the trustee could be accused of civil liability by the beneficiary or a third party if they violate the corresponding fiduciary duty.