| 英文摘要 |
Equity trust is a type of trust where equity serves as trust property. Due to the“separation of name and reality”characteristic, determining trust shareholding and shareholder qualification differs, leading to trustee liability issues to third parties. Equity changes caused by trust purposes have the dual characteristics of equity transactions and equity trusts, so there are disputes over the application of the trust law and company law, resulting in the dilemma of inconsistent adjudication standards. Neither the equity theory nor the debt theory break away from the theoretical framework of the dual structure of equity and debt in traditional civil and commercial law and only focuses on the external form of equity transfer while ignoring the internal essence of equity trust. It is necessary to return to the origin of trust, examine the trust shareholding relationship based on the independence of the trust law and the particularity of the trust relationship, reasonably divide the responsibilities of trustees and third parties, and seek a balance between respecting autonomy and ensuring transaction security. By grasping the applicable boundary of the appearance doctrine, improving the trust property registration system, and clarifying the scope of responsibility of the trustee, we can resolve the trust shareholding disputes and gradually realize the localization of the trust law system. |
