【摘要】 对于信托财产,英美法系赋予受托人“普通法上的所有权”和受益人“衡平法上的所有权”,其原因在于英美法系普通法与衡平法的分野。大陆法系的所有权理念无法兼容双重所有权,这成了信托法移植最难解决的一个问题。我国信托法则对其归属尚无谈及,不利于受益人、委托人以及他们的债权人的保护。应将信托财产的所有权赋予受益人。更多还原

【Abstract】 In the countries of Anglo-American Law System, the trustee has the legal title of the trust property, while the beneficiary has the equitable title of it. This is the so-called Duality of Ownership, which is the consequence of the existence of Common Law and Equity Law. But in the countries of Civil Law System, the theory of ownership cannot accept the duality of ownership. This is a huge obstacle to the transplanting of trust law. The trust law of China doesn’t tell us who has the ownership of trust property, which makes against the interest of the trustor and the beneficiary and their creditor. We think the ownership of trust property should be vested in beneficiary. This will not only be nearer to the dual ownership of Anglo-American Law System, but also make the ownership of trust property accord with the conception and theory of ownership of Civil Law System.更多还原