集合投資機構로서 信託制度의 適合性에 關한 考察 -日本의 資産運用型 信託을 中心으로-

Abstract

In trust act, a trust is an arrangement whereby money or property is owned and managed by one person for the benefit of another. A trust is created by a settlor, who entrusts some or all of his property to people of his choice (the trustees). The trustees are the legal owners of the trust property, but they are obliged to hold the property for the benefit of one or more individuals, usually specified by the settlor. Property of any sort can be held on trust. The uses of trusts are many and varied. Trusts can be created during a person’s life (usually by a trust instrument) or after death in a will. As trusts can become more flexible instrument to accommodate a variety of purposes, they will be used with even greater frequency compared to other types of structured finance vehicle. This article discusses the actual condition of trust business in Korea and the problems of it in chapter I. In chapter Ⅱ this article will point out asset management, trustee investment pool and investment trust based on the arguments held in Japan Trust Law. The thesis ends by presenting our legislative task for the improvement of trust institutions, such as collective investment scheme.