试论信托受益权登记法律效力之构建

Discussion on the Establishment of the Legal Effect of Trust Beneficiary Right Registration

信托受益权登记制度是信托受益权流转机制的基础,财产性权利是信托受益权登记的主要内容,也是制度的核心所在。而目前上海自贸区信托受益权登记制度建设已经陷入困境,比较英国和日本信托法中以实现交易迅捷为导向的信托受益权相关制度,我国信托受益权登记制度效力规定的构建途径十分清晰:目前应当尽快填补信托受益权登记制度效力规定的空白,登记效力应当依据不同信托财产的性质作出不同规定,以使其兼顾交易安全及效率,并为实现未来信托受益权的全国范围迅捷交易奠定基础。

The registration system of the trust beneficiary right is the foundation of the circulation mechanism of the trust beneficiary fight, and the property right is the main content of the registration of the trust beneficiary fight, and is also the core of the system. The construction of the trust beneficiary fight registration system in Shanghai Zone has been in trouble. Compared the practice of Shanghai with the related system of trust beneficiary fight in British and Japanese Trust Law which guided by idea of trade facilitation, the path of trust beneficiary right registration system in our country is very clear： at present, it should fill the blank of provision of trust beneficiary right registration＇ s legal effect as soon as possible. The validity of registration shall be different according to the nature of different trust properties for taking into account the security and efficiency of the transaction and forming the foundation of the nationwide fast transactions of trust beneficiary right in the future.