信托财产的破产隔离功能与公示制度

Functions of bankruptcy remoteness and system of publicity of trust property

信托财产的破产隔离功能根源于信托财产的独立性,而信托公示制度是保障信托财产独立性得以实现的重要前提。由于法律文化之差异,信托制度在法律移植中的融合问题并未得到很好解决。本文拟阐释信托财产的破产隔离与公示制度,以期在信托制度中国本土化进程中就具体内容和程序提出相应完善的建议。

The function of bankruptcy remoteness of trust property is deeply rooted in the independence of trust property,while the trust publicity system is the prerequisite and guarantee of the independence of trust property. However,the integration of trust system in law transplantation is not well solved due to cultural and legal differences. In view of this,the bankruptcy remoteness and publicity system were interpreted to seek corresponding perfect suggestions concerning the contents and procedures in the localization of the trust system in China.