| 英文摘要 |
German customary law of trust is a unique sample of trust law in civil law system. It sprouted in the middle and late 19th century and formed in the early 20th century. It is the result of the interaction of trust practice, judicial precedent and academic research. In the middle of the 19th century, early forms of trust business such as assignment and guarantee appeared in Germany, and disputes were triggered due to conflicts with statutory norms. The court confirmed the legal validity of the early trust structure, and academic research then created the concept of trust behavior. At the beginning of the 20th century, trust practice flourished. Focusing on the external relationship of trusts, courts established the principle of directness as a criterion for judging the independence of trust property, and academic research completed the systematization of trust legal theory. German customary law of trust is the result of the comprehensive effect of economic motivation and jurisprudential innovation, and has always followed a legal development model oriented to practical problems. The inspiration is that the trust system is indispensable in economic life, and the conflict with the inherent legal system of the civil law system is inevitable, so more attention should be paid to the renewal of the law through trust practice、judicial precedents and academic research to achieve a dynamic balance between the trust legal system and the inherent legal system. |
