Ownership Of Trust Property In China
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Ownership Of Trust Property In China
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Author : Zhen Meng
language : en
Publisher: Springer
Release Date : 2017-07-25
Ownership Of Trust Property In China written by Zhen Meng and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-25 with Law categories.
This book presents a hotly debated issue concerning the ownership of trust property in China. The book describes various conventional interpretations of Chinese Trust Law submitted by legal scholars and compares diverse approaches regarding the ownership of trust property provided by jurisdictions globally. The book does not directly answer the question “Who is the owner of trust property in China?” Instead, using a social capital perspective, it develops a more practical perspective to explain why Chinese trust business has grown rapidly even in lack of legal certainty regarding the location of ownership of trust property. The book also further predicts under what conditions is the time ripe to clarify the location of the ownership of trust property in China. By employing those sociological concepts often used to depict and analyze society, this book outlines the structure of the Chinese trust business and related social relations in different stages, i.e., the current rapid development stage, and the possible transitional stage in the near future. The focus is on how the social network structure affects the behavior of actors (such as the settlor, the trustee, and the beneficiaries, and/or their potential candidates) within the relevant section of Chinese society. The book provides readers with an intensive analysis of the impacts of historical, cultural, and social elements on the legislation and development of trust law in China. It will appeal both to lawyers interested in the Chinese trust business and to comparative law researchers and social scientists.
Trust Law In China
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Author : Lusina Ho
language : en
Publisher:
Release Date : 2003
Trust Law In China written by Lusina Ho and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Trusts and trustees categories.
The Governance Of Chinese Charitable Trusts
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Author : Hui Jing
language : en
Publisher: Cambridge University Press
Release Date : 2023-09-07
The Governance Of Chinese Charitable Trusts written by Hui Jing and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-07 with Law categories.
Analyses the governance of Chinese charitable trusts and the political dynamics between the state and civil society actors.
Trust Law Of China And Its Uncertainties
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Author : Ruiqiao Zhang
language : en
Publisher:
Release Date : 2015
Trust Law Of China And Its Uncertainties written by Ruiqiao Zhang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
Because of the trust's advantages in investment, banking, financing and property management, China took the bold step of introducing the trust in 2001. However, as a product of equitable jurisdiction, the trust seemed to be alien to Chinese law, and seemed particularly inconsistent with the Chinese property system. Therefore, China went down a tortuous road upon its introduction of trusts before eventually promulgating the Trust Law of China in 2001. However, the Trust Law of China deliberately leaves open the fundamental question of the introduction of dual ownership of trust property, which results in a number of limitations in the Chinese legislation. For instance, the ambiguous ownership of trust property and the outstanding nature of the beneficiary's rights all bedevil efforts to analyse Chinese trust law. In this paper, the author first investigates the history of trust in China and Legal Reforms of Chinese Trust Business. Based on this analysis, the following section presents a detailed examination of the Trust Law of China and the limitations of the Chinese trust system.
Trust Law In Asian Civil Law Jurisdictions
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Author : Lusina Ho
language : en
Publisher: Cambridge University Press
Release Date : 2013-07-11
Trust Law In Asian Civil Law Jurisdictions written by Lusina Ho and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-11 with Law categories.
The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: • Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives • Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them • Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust • Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.
The Commercial Uses Of Trusts
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Author : Ruiqiao Zhang
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-10-31
The Commercial Uses Of Trusts written by Ruiqiao Zhang and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-31 with Law categories.
This book provides a systematic and critical analysis of the role trusts play in modern commercial markets. Commercial trusts are complex and ever-evolving, and a reassessment of the traditional legal norms relating to them is much needed in order to provide new doctrinal insights. The book does just that: focusing on trusts in the UK, while drawing on developments in European jurisdictions and in China. It presents a thought-provoking assessment and a unified understanding of commercial trusts.
Towards A Chinese Civil Code
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Author :
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-11-13
Towards A Chinese Civil Code written by and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-13 with Law categories.
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code. The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.
Modern Studies In Property Law Volume 7
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Author : Nicholas Hopkins
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-07-31
Modern Studies In Property Law Volume 7 written by Nicholas Hopkins and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-31 with Law categories.
This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.
Custom Land And Livelihood In Rural South China
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Author : Patrick H. Hase
language : en
Publisher: Hong Kong University Press
Release Date : 2013-04-01
Custom Land And Livelihood In Rural South China written by Patrick H. Hase and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-01 with History categories.
Land was always at the centre of life in Hong Kong’s rural New Territories: it sustained livelihoods and lineages and, for some, was a route to power. Villagers managed their land according to customs that were often at odds with formal Chinese law. British rule, 1898—1997, added complications by assimilating traditional practices into a Western legal system. Custom, Land and Livelihood in Rural South China explores land ownership in the New Territories, analysing over a hundred surviving land deeds from the late Ch’ing Dynasty to recent times, which are transcribed in full and translated into English. Together with other sources collected by the author during 30 years of research, these deeds yield information on all aspects of traditional village life—from raising families and making a living to coping with intruders—and evoke a view of the world which, despite decades of urbanisation, still has resonance today.
Collective Management Of Music Copyright
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Author : Qinqing Xu
language : en
Publisher: Taylor & Francis
Release Date : 2023-04-17
Collective Management Of Music Copyright written by Qinqing Xu and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-17 with Law categories.
Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members’ rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs’ monopoly, members’ rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators’ interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC’s monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.