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English trust law

2018-10-12 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- English trust law,供大家参考学习,这篇论文讨论了英国信托法。现代信托制度的产生源于英国早期的用益制度,而用益制度则产生于封建领主势力与教会利益矛盾不断升级的英国。英国制定的信托法是一部全面而且系统的法律规范。因为英国的信托法发展于其早期的衡平法,所以公正和正义成为了信托行为遵循的内在准则,这一准则也对世界各国信托法的发展产生深远影响。

trust law,英国信托法,assignment代写,paper代写,美国作业代写

Trust business is playing a more and more important role in the development of modern financial activities. Trust law also shows important values. Where does trust business come from? How did you find it? This has an important influence on the development and orientation of trust law.

The trust law made in Britain is a comprehensive and systematic legal norm. Because the trust law developed in the early days of equity law in Britain, justice, conscience and justice became the internal standard of trust behavior, which also had a profound impact on the development of trust law in the world.

The modern trust system originated from the early profit system in Britain. The usufruct system came into being in England where the conflict between the feudal Lord and the church was escalating. Before the 11th century, England was in a feudal agricultural society dominated by agriculture. Land is the most important property in society, and also the living capital of farmers. Under the feudal system, feudal lords and nobles ruled the peasants and controlled the land. The feudal lords benefited from collecting land rent from the peasants and recovering the land of the dead peasants. At this time, the power of the church was growing, and many farmers became faithful believers of the church. Religious fanaticism was once prevalent. Before their death, some farmers donated all or part of their land to the church, hoping to continue to contribute to the development of the church. The practice soon became popular among the people, and farmers began to donate their land to the church, which gradually became a habit. The formation of this custom eventually led to the concentration of the land of the peasants into the hands of the church. Because of the special status of the church itself, these particularities directly endangered the interests of feudal lords, mainly in the following aspects: first, the church had some privileges, it did not need to pay land rent to the feudal lords on the land it owned, which made the lords lose the land rent in the hands of the church. Secondly, as a powerful social organization, the church can exist permanently, and of course, it can occupy land permanently. Feudal lords can no longer take back uninherited land like peasants, so that feudal lords lose the right to a piece of land. With the rise of the peasants who donated land to the church, the conflict between the feudal Lord and the church grew and grew. In order to resolve this contradiction and protect the interests of the feudal lords, to prevent further donations to the church land, farmers and prevent the permanent possession of a large number of land, king Henry iii in the 12th century specially developed a confiscation act, want to pass the law to prohibit farmers who donated to the church land, without the king's charter, teach anyone to donate land, all belong to the king.

The law did serve to protect feudal lords and prevent peasants from donating their land to the church in the first few years, but the power of the people was enormous. Obviously, Henry iii's action was only a superficial one. The idea of the church to donate land to the church never stopped. The confiscation act, which was enacted, allowed people to find other ways to donate land to the church. Later, in order not to violate the confiscation law, but also to realize the purpose of donating their land to the church, they created a benefit system. The usufructuary system is that, instead of donating the land directly to the church, Christians first transfer the land to others, and ask those who receive the transfer to manage the land for the church, and all the proceeds from the land to the church. This allowed the church to obtain the proceeds of the land without breaking the law.

This method of circumventing the law became popular not only for religious donations of land to churches, but also for ordinary farmers to avoid taxes. Under the feudal system of England at that time, only the eldest son who had grown up could inherit his father's land after paying a certain amount of land inheritance tax to the feudal Lord, and this right was only granted to the eldest son, but not to other children. If the farmer dies after his eldest son is minor, the minor heir is in the custody of the Lord, the land that should be owned by the minor heir is managed by the Lord, and the proceeds of the land are owned by the Lord. After he became a feudal Lord to pay the land inheritance tax can inherit the family land. The feudal system made life more and more difficult for the family members. For farmers, the use of profit system may avoid the system obstacles, so that they can continue to maintain their livelihood. The benefit system began to flourish in Britain.

However, under the prevailing situation of the benefit system, there are some assignees who do not fulfill their promises and break their promises. At that time, the ordinary court held that the land had already been owned by the assignee, that is, his property, and the trust of the assignor was not protected by the ordinary court. But the court of chancery does not deny that the assignee is the legal owner of the property, but it further forces him to act for the benefit of the usufructuary. Therefore, the usufruct system is to transfer the equitable rights of usufruct to legal ownership through the law by granting the right of possession to the transferee. This conversion is called beneficial execution.

Soon the usufruct system was widely spread, and the usufruct system became an important way to evade tax. This caused the feudal Lord and the king to lose a lot of interest in the land, and the king and the lords lost their income. So the king decided to crack down on the usury system to restore his interests. Henry viii's main instrument was the usufruct act of 1535. This legislation greatly Narrows the scope of usufruct rights and intends to recover lost feudal land rent. It stipulates that those who enjoy the right of usufruct will be regarded as the legal owners of the land and therefore must bear the feudal taxes. But it also specifies three exceptions:

The act does not eliminate all the usufruct system, it only applies to the grantee's acquisition of land for the benefit of another person. If the assignee holds land only for a certain period of time, it does not belong to the acquisition of land and is therefore not subject to the law.

The act applies only to usufructuary rights created on freehold land and does not apply to personal property and registered land. Therefore, the usufructuary rights established in the registration of land and personal movable property are still valid in equity.

The law did not specify whether the active usufruct was valid, but soon after the act was implemented, the court of chancery ruled that the active usufruct was not subject to the adjustment of the law.

The application of the usufruct act of 1535 indicated that it had effectively prevented the further development of the usufruct system at first, but in fact, the usufruct act of 1535 did not abolish the usufruct system itself, but only abolished the implementation of the usufruct system. As a result of this act, the usufructuary actually became the legal owner of the property and therefore had to bear the feudal taxes on the land.

In order to avoid the use law of 1535 and avoid the feudalism tax, people came up with another method, which was to set up another use. At first, the ordinary court did not recognize the second benefit and considered it contradictory to the first, and therefore ruled it invalid. At first, the court of chancery did not pay attention to this method. But by the 17th century, the court of chancery began to recognize the second usufruct, so that a usufruct could be valid by adding another usufruct. After the Lord chancellor imposed the second usufruct, he called it a "trust", and the trust was created.

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