사익신탁의 종료와 법정신탁

Abstract

(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.