Trust is a way of financial management, a special property management system and legal behavior, and also a financial system. Trust, banking, insurance and securities together constitute a modern financial system. 1. What is trust property? Trust property refers to the property managed and controlled by the trustee according to the trust intention; One of the components of trust. According to the trust law, trust property must be specific and realistic; It can be composed of real estate, stocks, bonds, mortgage contracts, insurance policies, bank deposits and so on. However, non-property contractual rights cannot be used as trust property. Trust property has the right of subrogation and will not change its identity because of the change of property form; Property acquired by the trustee as a result of managing, improving, disposing of or destroying the trust property also belongs to the trust property. Trust property has legal independence; The trustee shall manage the trust property and its own property separately. When the trustee dies, the trust property shall not be inherited as an inheritance. Two. Trust property scope 1. The trustee has the right to manage the trust property according to law. If the trustee obtains certain income in the process of managing the trust property, the income also belongs to the trust property in nature. In this regard, the trust laws of common law countries and civil law countries have clear provisions. For example, according to American trust law, all rights and interests arising from real estate, movable property or money as trust property should be regarded as part of trust property. Article 19 of the Korean Trust Law and Article 14 of the Japanese Trust Law stipulate that the property acquired by the trustee as a result of managing the trust property belongs to the trust property. 2. The trustee has the right to dispose of the trust property according to law. The property obtained by the trustee from disposing of the trust property still belongs to the trust property in nature. In this regard, the trust laws of common law countries and civil law countries also have clear provisions. For example, according to American trust law, as long as there are provisions in the trust documents, the proceeds from the sale of real estate or movable property as trust property will become part of the trust property even if the amount exceeds the estimated value of the above-mentioned sold property at the time of the establishment of the trust. Article 19 of the Korean Trust Law and Article 14 of the Japanese Trust Law stipulate that the property obtained by the trustee in disposing of the trust property belongs to the trust property. 3. During the existence of the trust legal relationship, the trustee has the obligation to protect the trust property. If the trust property is lost or damaged due to the fault of the trustee himself or a third party, the trustee shall compensate by himself or a third party. Property compensated by the trustee himself or a third party also belongs to trust property in nature. In this regard, the trust laws of civil law countries have clear provisions. For example, Article 19 of the Trust Law of South Korea and Article 14 of the Trust Law of Japan all stipulate that the property acquired by the trustee due to the loss or damage of the trust property belongs to the trust property. The trust law of common law countries also holds a positive attitude towards this. For example, Article 20 of the British Trustee Law stipulates that if the insured trust property is damaged or lost due to the behavior of a third party, the insurance money obtained by the trustee according to the insurance policy will become trust funds according to the purpose of granting the trust or property. 4. The property added by the trustee in the process of trust operation, according to the special authorization of trust deed, the trustee can decide to put other property into trust operation at his own discretion, so the added property belongs to trust property in nature. In this regard, the trust laws of common law countries have clear provisions. For example, the American trust law holds that if there are clauses in the trust document, the trustee has the right to modify the clauses of this document to increase the trust funds; The increased funds and securities are all part of the trust fund. In addition, even if there is no special authorization in trust deed, the trustee can invest his other property in the trust operation as long as it is agreed with the trustee. Because the additional property is agreed by the trustee and the trustee, the additional property is of course also trust property.
Legal objectivity:
Article 1062 of the Civil Code of People's Republic of China (PRC): (1) Wages, bonuses and labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of the same property. Article 1063 of the Civil Code of People's Republic of China (PRC): (1) one party's pre-marital property; (2) Compensation or compensation obtained by one party for personal injury; (3) Property that is determined to belong to only one party in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party.