Ownership of Trust Property in China : A Comparative and Social Capital Perspective / by Zhen Meng.

Format:

Book

Author/Creator:

Meng, Zhen., Author.

Series:

Perspectives in Law, Business and Innovation, 2520-1883

Language:

English

Subjects (All):

Commercial law.

Financial services industry.

Civil procedure.

Commercial Law.

Financial Services.

Civil Procedure Law.

Local Subjects:

Commercial Law.

Financial Services.

Civil Procedure Law.

Physical Description:

1 online resource (XV, 171 p. 27 illus., 3 illus. in color.)

Edition:

1st ed. 2017.

Place of Publication:

Singapore : Springer Nature Singapore : Imprint: Springer, 2017.

Summary:

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.

Contents:

1 Introduction

2Trust Law of China and its Uncertainty Regarding the Location of Ownership of Trust Property

3 “Dual Ownership” vs. “Absolute Ownership”: A Comparative Analysis

4 Social Capital, Trust, and Guanxi

5 An Empirical Study on China Trust Industry: Methods

6 Current Trust Industry in China: A Dense Network

7 The Chinese Trust Industry in the Near Future Towards A Sparse Network: From Guanxi to Institutionalized Trust?

8 Conclusion

Appendices I–III.

Notes:

Includes bibliographical references at the end of each chapters.

ISBN:

981-10-5846-6