사익신탁의 종료와 법정신탁

• 영문명: A termination of a trust and a construstive trust
• 발행기관: 한국재산법학회
• 저자명: 이근영(Lee Keun-Young)
• 간행물 정보: 『재산법연구』財産法硏究 第25卷 第2號, 167~211쪽, 전체 45쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.10.30

영문 초록

  (1) The purpose of this study is examining and analyzing A termination of a trust and a construstive trust under Trust Act chapter 6 §§ 55~63..
  Under the present Trust Act, which has been influenced by the Trust Act of Japan, the terms of a termination of a trust has been prescribed according to the theories of contracts law, so have its terms. But, it is necessary that the causes to the terminations will be reordered according to the general theories of the civil law. So in my view, it is better to divide them into a legal termination and a voluntary termination.
  (2) When a trust terminates, it is liquidates. And it is regarded as having been changed a constructive trust for liquidation. In my view, it is better to call this trust "a liquidation trust". And the constructive trust has been examined according to this term.
  The liquidation trust is divided a liquidation trust for a beneficiary of the ex-trust and a liquidation trust for a rightful person having a liquidation right.
  This study examines a concept of "a liquidating trust", who is a trustee taking the responsibility for a liquidation trust and his duties, and a process of liquidation of trust.

목차

Ⅰ. 들어가며
Ⅱ. 신탁의 종료원인
Ⅲ. 법정신탁과 귀속권리자의 의의
Ⅳ. 법정신탁의 수탁자
Ⅴ. 청산수탁자의 청산사무와 잔여신탁재산인도
Ⅵ. 나오며
참고 문헌
〈Abstract〉

키워드

신탁 신탁법 신탁의 종료 법정신탁 청산신탁 청산수탁자 the Trust Law trust a termination of a trust construstive trust liquidation trust a liquidating trustee