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Title: Chinese Trust Law: Registration as the Concept-Substitution and a Work-Out Solution for Investors (Beneficiaries)’
Authors: Hsiao, Mark
First Published: 17-Jun-2015
Publisher: Oxford University Press (OUP)
Citation: Trusts & Trustees (2015) 21 (8): 889-901.
Abstract: This article argues against the quest for a concept in civil law trust. Instead, the argument for the registration of trust contract can achieve the exclusion of third parties or personal creditors of the trustee to satisfy their debts through trust properties. This is referred to as a concept-substitution rather than just a concept. The ownership concept for a dual patrimony concept aims to ensure that beneficiary could assert a claim over the trust property. The trust registration triggers the same function to exclude third parties by granting beneficiaries the right to claim (clawback) those trust properties held by bankruptcy administrator.
DOI Link: 10.1093/tandt/ttv116
ISSN: 1363-1780
eISSN: 1752-2110
Embargo on file until: 1-Jan-10000
Version: Publisher Version
Status: Peer-reviewed
Type: Journal Article
Rights: © The Author (2015). Published by Oxford University Press. All rights reserved.
Description: No version may be redistributed.
Appears in Collections:Published Articles, School of Law

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