Legal subjectivity:

1. Briefly describe the main characteristics of trust property (1) Transferability. The establishment of a trust requires the transfer of trust property from the trustor to the trustee. Therefore, the primary characteristic of trust property is transferability, that is, trust property must be transferable property that is independently controlled by the trustee. The transferability of trust property first requires that the trust property must exist objectively when the trust act is established. If the trust property does not exist when the trust is to be established or is only property that the trustee hopes or expects to acquire, the trust cannot be established. Secondly, it is required that the trust property must belong to the trustee when the trust is established. If the trust property exists objectively when the trust is established, but does not belong to the trustee, then the trust cannot be established because the trustee does not have the right to dispose of the property and has no right to transfer it to the trustee. Third, the transferability of trust property requires that any property whose circulation is prohibited or restricted by laws and regulations cannot become trust property. (2) Physical substitutability. Physical fungibility means that any trust property is trust property regardless of how its physical form changes before the end of the trust. For example, if the trust property is real estate when the trust is established, the trustee later sells it due to management needs and converts it into money, which can then be managed by the trustee to buy securities. In this case, although the trust property has changed in material form from real estate to price, and then from price to securities, it does not lose the nature of trust property due to the change in material form. The physical substitutability of trust property not only enables the trust property to be internally integrated into a whole based on the purpose of the trust, and does not lose the nature of the trust property due to changes in material form, but also prevents the trust property from losing its value due to changes in material form. Increase or decrease to change its properties. (3) Independence. The most fundamental characteristic of trust property is its independence. Once a trust is effectively established, the trust property is separated from the own property of the trustor, trustee and beneficiary and becomes an independent property. As far as the trustee is concerned, once the property is delivered to the trust, he or she loses ownership of the property, making the trust property completely independent of the trustee's own property. As far as the trustee is concerned, although he has acquired the ownership of the trust property due to the trust, since he cannot enjoy the trust benefits brought by the exercise of ownership of the trust property, the various trust properties he inherits must be independent of his own ownership. property. If a trustee accepts entrustment from different trustees, the trust property he receives from different trustees should also remain relatively independent. As far as the beneficiary is concerned, although he or she enjoys beneficiary rights, this is only a right to claim benefits. During the existence of the trust legal relationship, the beneficiary does not enjoy the ownership of the trust property. Even after the trust legal relationship ends, the trustee can still The trust terms attribute the principal of the trust property to yourself or a third party, so the trust property is also independent of the beneficiary's own property. Since the trust property is actually owned and controlled by the trustee, the trust law maintains the independence of the trust property mainly by distinguishing the trust property from the trustee's own property. 2. What are the main classifications of trust property? Trust property includes not only tangible property, such as stocks, bonds, items, land, houses, and bank deposits, but also intangible property, such as insurance policies, patents, trademarks, reputation, etc., and even some or Natural interest (for example, a will made before a person dies creates a natural interest for the beneficiary). 3. What is the difference between trust property and trustee’s inherent property? (1) The owners of property rights are different. After the trust relationship is established in accordance with the law, the ownership rights of the trust property are immediately separated. The trustee has the right to manage and dispose of the trust property, the beneficiary has the right to earn income from the trust property, and the settlor has the right to protect the rights and interests of the trust property based on the ownership of the trust property. independent claim. That is to say, the rights subject of trust property includes the trustor, trustee and beneficiary, but the ownership of the trustee's inherent property is completely enjoyed independently by the trustee. (2) The trustee has different rights to the trust property and its inherent property. For trust property, the trustee shall enjoy the rights of possession, use, and disposal during the existence of the trust relationship, as well as the rights of claim based on these rights; the trustee shall have full ownership of its inherent property, including the rights of possession, use, income, and disposal, as well as the rights of its inherent property. The inherent property is the independent right to claim the content. (3) The conditions for exercising rights are different.

The trustee acquires the right to manage and dispose of the trust property due to his/her commitment to the trust. Therefore, the trustee's exercise of these rights must be based on the fulfillment of his/her commitments and legal obligations; as for his/her inherent property, the trustee may, to the extent permitted by law, Control and dispose of it as you wish. (4) The ownership rights of property income are different. The income from the trust property belongs to the beneficiary, and the income right of the trustee's inherent property belongs to the trustee. Fifth, the debts guaranteed to be performed are different. Trust property only guarantees debts incurred by itself and cannot guarantee debts incurred in any other form; the trustee's inherent property guarantees the trustee's debts. (5) The trustee must also keep the trust property separate from other properties under its management. According to the provisions of my country's Trust Law, trustees must manage and account for the trust properties of different trustors separately. I hope that after reading this, you will have a clearer understanding of the main characteristics of the briefly described trust property. The characteristics of trust property show that it is still very different from owned property. Legal objectivity:

Article 7 of the "Trust Law of the People's Republic of China" requires certain trust property to be established, and the trust property must be legally owned by the trustor. The term "property" as used in this Law includes legal property rights.