신탁법상 자기신탁에 관한 연구

• 영문명: A Study on the ‘Trust created by self-declaration’ under the Trust Act
• 발행기관: 한국민사법학회
• 저자명: 이근영(Lee, Keun Young)
• 간행물 정보: 『민사법학』제64호, 51~85쪽, 전체 35쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2013.09.30

영문 초록

This paper is intended as an investigation of the provisions concerning the Trust created by self-declaration under the revised Trust Act. There is a provision of a self-declaration among methods of creating trusts in this Act §3 ①. The self-declaration is a truster’s declaration holding his identifiable property as a trustee. We call this trust creating by it the trust created by self-declaration. Because of it’s useful, this self-declaration is adopted under the revised Trust Act and influenced the provisions of the Trust Law in Japan §3, and the Uniform Trust Code in U.S.A. §401, and the Draft Common Frame of Reference in U.K. Ⅹ-2:103. The trust created by self-declaration is special and unique, so it is necessary to make a comparison between these provisons of the countries mentioned above. I shall discuss, in detail, self-declaration classified 4 group, or ① a sole truster and a sole trustee, and ② a sole truster and co-trustee, and ③ co-truster and a sole trustee, and ④ co-truster and co-trustee. And I shall analyze ⅰ) a deed of creating Trusts, and a method of public notice in the self-declaration, and ⅱ) the status of a truster, and a trustee, and a beneficiary in the trust created by self-declaration, and ⅲ) the termination of the trust created by self-declaration.

목차

Ⅰ. 들어가며

Ⅱ. 자기신탁의 설정행위로서 신탁선언

Ⅲ. 자기신탁 관계인의 지위

Ⅳ. 자기신탁의 종료

Ⅳ. 나오며

키워드

신탁 신탁법 개정신탁법 자기신탁 신탁선언 자기신탁선언 신탁설정방법 자익신탁 위탁자 수탁자 수익자 Trust Trust Law revised Trust Act Trust created by self-declaration declaration of trust self-declaration Methods of Creating Trusts trust for benefit of the creator Truster Trustee Beneficiary