People's Public Security University of China, Beijing 100038, China
Legal nature and efficacy are two core issues of trust registration. There is merely some principles of trust registration stipulated in the Trust Law of the People's Republic of China(PRC). However, the Trust Law does not clarify the nature and validity of trust registration. Different from the concept of trust registration under the Measures for the Administration of China Trust Registration, the actual concept of that under the Trust Law is about the registration of property, and the nature of the trust registration should be real rights registry. At present, it is important to establish an independent trust registration system that is coordinated with the registration of ownership of property. On one hand, The dual registration system should be adopted only to the properties whose ownership can be changed only after the registration, which is called the registration antagonism doctrine, in other words, no trust can act against a third party unless registered and taking effect. On the other hand, a single registration system should be adopted to the trust established with other properties. The registration does not affect the trust to take effect, but have an effect against a third party.
Trust registration; Real rights registry; Registration of property; Registration antagonism doctrine
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