家族信托破产隔离避债属性法律分析——基于债权人保护视角

Legal Analysis on Bankruptcy Remote of Family Trust--Based on the Views of Creditors

信托财产独立性是信托制度的重要特点,亦是其重大的制度功能。但债务人若利用家族信托的这一特性,以合法的制度形式掩盖并从事非法躲避债务的目的,在我国现行法律语境下能否得到妥当的救济,值得理论界与实务界的深入研究。司法实践中存在较多的是以股权为基础设立家族信托的行为,因此以信托财产适格性要件为出发点探究股权是否能作为信托财产,并通过剖析家族信托设立的完整路径,从债务设立时间、信托成立要件、信托撤销权的行使与局限等角度论证在目前法律语境下,债权人可以通过撤销信托行为、撤销信托合同、刺破信托关系等途径获得法律救济。

Independence of trust property is both an important feature of trust system and its significant system function.But whether creditors could be received appropriate remedies in the context of law of China if debtors illegally dodge their debts taking advantage of the trait of family trust is an issue that deserves a deeper theoretic and empirical research.In juridical practice there exist many family trust establishment acts based on stock equity;therefore,starting from eligibility factors in trust property,the paper begins a discussion on whether stock equities could be considered as trust property,by an analysis on the entire process of the establishment of family trust,the paper researches from different angles,the time of debt establishment,eligibility factors of trust,the rights of trust remove and its limits,etc.,in the end makes the conclusion that creditors can receive legal remedies by different approaches,removing acts of trust,removing trust contracts,breaking trusteeship,etc..