| 英文摘要 |
In the self-declared trust, the settlor does not need to transfer the trust property, which is inconflict with the theory of transfer of trust property ownership under the traditional theory of civil law. So almost all academic theories deny it. However, in Chinese law, the establishment of the trust is not premised on the transfer of the ownership of the trust property, which leaves a legislative space for the self-declared trust. In addition, the self-declared trust does not violate the independence of the trust property and the trustee’s professional requirements, nor does it necessarily harm the beneficiaries and stakeholders. In order to achieve the purpose of protecting the legitimate rights and interests of stakeholders, and based on the risk that the self-declared trust would involve fraud, it is necessary to limit the scope of the self-declared trust, strengthen the formality of the establishment of the self-declared trust and refine the object of trust registration, supplemented by the establishment of a trust supervisor. Besides, it is important to establish the trust supervisor and restrict the settlor’s rights. |
