不得委托规则松动的动因与理论支撑探析

Analysis about Theoretical Support and Impelling Reason of Looseness of Non-delegation Rule

不得委托规则是早期信托法上的一个规则,它要求受托人必须亲自管理信托事务,而不得将其委托他人处理。该规则在早期信托法上具有一定的严格性,但在当今各国信托立法上都已经有所松动,即允许受托人在一定条件下将信托事务委托他人处理。从实际情况来看,它的松动既有内在的动因,也有外在的动因,同时它也具有相应的理论基础支撑。

Non-delegation rule is a rule of trust law in early stage which requires trustee have to manage trust affairs by himself but more than delegate them to other people. The rule was strict at a certain degree in earlier trust law, whereas, it has been loosed（ permitting trustee to delegate trust affairs to other people under certain conditions） in each country＇s trust law now. The reason is not only interior but also exterior. At the same time, the looseness has theoretical support.