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Discussion on Special Rights of Trustee
Author(s): ZHOU Qian
Pages: 55-
58
Year: 2014
Issue:
6
Journal: Journal of Jinzhong University
Keyword: the rights of management and disposition; investment right; the right to monitor;
Abstract: The rights of trustee are not for the realization of its own interests. Its uniqueness lies in the right of those who serve the purposes of the trust or the interests of the beneficiaries. From the sense of civil law, these rights can be summarized as the rights of management and disposition, performed as investment right in the fields of Finance. In continental law system countries, the rights of management and disposition are not often concretized in the law, as long as they don’t violate the trustee’s duty. In those Anglo-American law system countries, the rights of management and disposition are specific. The trustee shall enjoy the right of investment is the necessity of upgrading the trust property’s value, it can play the advantages of professional financing, and the results of truster energy shortage. In order to achieve the purposes of the trust, the trustee’s rights need to be monitored.
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