信托财产权属本质探究

Investigating the Essence of the Attribution of Trust Property Right

信托财产所有权的归属问题 ,国内外有双重财产权说、受托人所有权说、法主体说和无主体说 ,但均因与大陆民法的基本理念相悖而无法被人们接受。遵循民法基本原理 ,依据所有权与其权能分离的理论、运用财产权转移过程中的动态分析方法探讨信托财产权的本质 ,表明信托是一种所有权与其权能相分离的财产关系 。

In regard to the attribution of the ownership of trust property,there exist at home and abroad such theories as theory of dual property rights,theory of trustee ownership,theory of legal subject,and theory of subjectless,All of which go against continental civil law and thus cannot be accepted by the public.Follow the basic principle of civil law,according to the theory of severing ownership from its powers and functions,and inquiring into the essence of trust poroperty right during transfer of property right by using dynamic analysis,the trust is demonstrated to be such a property relationship where the ownership is severed from its powers and functions,and the trustor enjoys proprietary limited characterized by overall control over trust property.