영국의 명시신탁 제도에 있어서 수익에 관한 규제

Abstract

Despite great differences in history and social background, it is assumed that a person wants to benefit others with whom he or she is related. Especially in the case of family members, this instinct will be expressed more strongly. So it’s probably a universal phenomenon to think of legal effects under long-term planning. In this article, I will discuss how the trust, i.e., express trust, is used in British law, which is the most common form, and is used when the consignor wants to give another person an interest in property. In the UK Trust Act, there are three types of explicit trusts. It is called a definitive trust, discretionary trust, or grant of beneficiary nomination. If there are three ways of realizing the consignor’s willingness to give, there are various forms and contents based on the three methods in the form of beneficiaries that implement them. Depending on how the consignor gives the person the property interests, it is due to the difference between granting the discretion to the granting party and making the exercise in the form of duty or in the form of power. In particular, the granting of beneficiary nomination rights in the UK Trust Act is designed to respond to various unforeseen circumstances of change by maximizing discretion, and non-trustees are also involved to realize the intention of the consignor to benefit someone. As a person other than the trustee, it is necessary to pay attention to the case where the beneficiary nomination holder is not the trustee and the existence of a trust protector who is frequently used recently. In the time axis that begins with the distinction of beneficiary and principal, the successor type trust is in a normal form, and various conditions are often assigned to each beneficiary. However, weak forms of beneficiaries can also be made, such as not involving specific claims. Granting discretionary rights to the trustee or beneficiary nominee holders in order to realize long-term, concretely relevant donations raises the question of how to exercise appropriate discretion. In Korea’s trust law, as with the United States, even if assuming a gift type trust, it should be noted that the principle differs greatly depending on how much the trustee’s intention is respected. Further review will be needed on the basic principles of the UK Trust Act.