Towards a Chinese Civil Code: Historical and Comparative Perspective

Description

'Conceptualising the Chinese Trust: Some Thoughts from Europe' Abstract: Trusts were introduced to China by the Trust Law of 2001. Although long on detail, however, the legislation often seems short on concepts. In this paper I attempt to conceptualise certain aspects of the Chinese trust with the assistance of three significant and recent developments in Europe. These are: Book X of the Draft Common Frame of Reference (2009; available at http://webh01.ua.ac.be/storme/2009_02_DCFR_OutlineEdition.pdf), an unofficial draft EU Directive on Protected Funds (2009; see S C J J Kortmann et al (eds), Towards an EU Directive on Protected Funds), and a Discussion Paper by the Scottish Law Commission on the Nature and Constitution of Trusts (DP No 133, 2006; available at www.scotlandcom.gov.uk). In particular, I argue that the idea of the trust assets as forming a special patrimony, which is employed in all three of the European initiatives, is the most sophisticated and convincing basis for explaining the immunity of trust assets in China from the claims of private creditors of the trustee or settlor.

Period	Oct 2010
Event type	Conference
Location	Hong Kong, ChinaShow on map