Trust relationship is actually a trust legal relationship. It consists of three elements:

(1) The subject refers to the undertaker of rights and obligations in the trust legal relationship, including the trustor, trustee and beneficiary;

(2) Object refers to the object to which the rights and obligations of the subject of the trust legal relationship point, that is, the wealth generated by the trust relationship;

(3) The content, that is, the rights and obligations of the subjects of the trust legal relationship, and the specific rights and obligations are stipulated by the trust law.

In securities investment, investors entrust funds to fund managers, who manage and dispose of funds, so the relationship reflected by securities investment funds is a trust relationship between investors and fund managers.

Extended data:

The essence of trust relationship

Trust relationship is an unequal legal relationship between specific parties, which usually arises from the unequal negotiation advantages of both parties, and one party must trust the other party to a certain extent due to knowledge or professional reasons.

The relationship between the trustee and the principal in trust law is the most typical form of trust relationship, but now the scope of application of trust is much wider, and it has been widely used in commercial fields such as company law, partnership law and even banking law.

Trust relationship can be created between parties through contract, especially when one party thinks that the other party has more professional knowledge and experience in a specific field, it can be clearly created through contract, but this way is rare in practice. Trust relationship can also be based on the implication of law. Trust neglected by law includes result trust and presumption trust.

According to the general understanding of scholars, the trust relationship created by the contract implies the relatively equal and equilibrium of the trading ability, status and power of both parties; The relationship between letter and letter based on law means that when the status and strength between the parties are obviously unequal, the law gives one party special protection or relief.

At this time, it is difficult for the beneficiary's own strength to effectively supervise and restrain the trustee's behavior, and the beneficiary usually needs special legal protection. Because the trustee is in an advantageous position and has the right to control and control the property of others, the trustee's behavior will be binding on the beneficiary (or the principal himself).

However, the trustee or beneficiary cannot completely control or closely supervise how the trustee exercises his rights. They only trust the trustee and believe that they will act in their best interests in a kind and proper way.

Baidu encyclopedia-trust

Baidu Encyclopedia-Trust Relationship