Perspectives in Law, Business and Innovation

Ownership of Trust Property in China

A Comparative and Social Capital Perspective

Authors: Meng, Zhen

  • Presents a hotly debated issue on the ownership of trust property in China, and provides readers with a deep understanding of the relevant theoretical and practical issues
  • Explores the facilitators of the thriving Chinese trust business in spite of the uncertainty of Chinese trust law
  • Provides an intensive analysis of the impacts of historical, cultural and social elements on the legislation and development of trust law in China
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eBook $99.00
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  • ISBN 978-981-10-5846-2
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Hardcover $129.00
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  • ISBN 978-981-10-5845-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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.

About the authors

Zhen Meng is both a lecturer at the Department of Law, School of Intellectual Property, Nanjing University of Science and Technology, China, and a researcher at the Intellectual Property Development & Research Center of Jiangsu, China. She holds an LLD from the Graduate School of Law in Kyushu University, Japan, and an LLM and LLB from China University of Political Science and Law. Her research has focused on civil law, commercial law, and Intellectual property law, particularly trust law. Current publications: Should China clarify the ownership of trust assets? A social network perspective. Trusts & Trustees 21(5) 2015, pp. 492–500; Legal certainty and trusts in China (in Fenwick and Wrbka eds. Legal certainty in a contemporary context, 2016) .

Table of contents (8 chapters)

  • Introduction

    Meng, Zhen

    Pages 1-11

  • Trust Law of China and Its Uncertainty Regarding the Location of Ownership of Trust Property

    Meng, Zhen

    Pages 13-35

  • “Dual Ownership” Versus “Absolute Ownership”: A Comparative Analysis

    Meng, Zhen

    Pages 37-75

  • Social Capital, Trust, and Guanxi (关系)

    Meng, Zhen

    Pages 77-102

  • An Empirical Study on China Trust Industry: Methods

    Meng, Zhen

    Pages 103-117

Buy this book

eBook $99.00
price for USA (gross)
  • ISBN 978-981-10-5846-2
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $129.00
price for USA
  • ISBN 978-981-10-5845-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Ownership of Trust Property in China
Book Subtitle
A Comparative and Social Capital Perspective
Authors
Series Title
Perspectives in Law, Business and Innovation
Copyright
2017
Publisher
Springer Singapore
Copyright Holder
Springer Nature Singapore Pte Ltd.
eBook ISBN
978-981-10-5846-2
DOI
10.1007/978-981-10-5846-2
Hardcover ISBN
978-981-10-5845-5
Series ISSN
2520-1875
Edition Number
1
Number of Pages
XV, 171
Number of Illustrations and Tables
24 b/w illustrations, 3 illustrations in colour
Topics