신탁수익권의 양도에 관한 고찰

Abstract

The purpose of this study is to analyze a Transfer of a Beneficial Interest under the revised Trust Act §§ 64-65. Transfer of beneficiary right, it is necessary for softening of the trust, also an important content in order to adjust the interests of the transaction parties associated with the beneficial interests. However, in the old Trust Act, there is no provision, doctrines had been regarded as a thing equivalent to a transfer of a nominative claim under the Civil Law. The revised Trust Act was trying to clarify the legal relations on a Transfer of a beneficial interest(§§ 64-65) by placing the provisions of almost the same contents in transfer of nominative claim. It is necessary to examine that a beneficial interest includes obligations in relation to the provisions of the interpretation of the transfer of beneficial interests. The main argument of theory that affirms including the obligation is as follows. Obligations are transferred to the beneficiaries with transfering of beneficial interests. So the beneficial interest include rights and obligations. However, beneficial interest is “a gross of various rights to trustee and the trust assets," so obligations should be seen not to be subsumed. Because the term of including rights and obligations is not rights(beneficial interest) but status (beneficiary’s status). It may be desirable to resolve the previous problem of beneficiary’s obligations to a trustee through the following interpretation theory. Responsibility of the beneficiary, by paragraph 4 of Article 46, Article 47, Paragraph 4, is the duty of beneficiaries generated by the provisions of trust Act. It is a legal responsibility that was observed for the protection of trustees. This paper is made up of: (1) beneficial interest as transfer of the subject, (2) requirements and effect of the transfer of beneficial interest under the revised Trust Act Article 64, (3) requisites for counteraction to the transfer of trust beneficial interest.