2014 Fiscal Year Final Research Report
The Office of the Trust Protector: Its Powers, Duties and the Relationship with the Trustee
| Project/Area Number |
23530117
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Multi-year Fund |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Kwansei Gakuin University |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2011-04-28 – 2015-03-31
|
| Keywords | 信託法 / 英米法 |
|---|
| Outline of Final Research Achievements |
This research examines some important legal problems with regard to the
trusts having a power holder other than a trustee.
First, rights of beneficiaries provided by article 92 of the Japanese Trust Code should not be granted to third parties other than a trust administrator, trustsupervisor, or an agent of the beneficiaries. Second, it is a question of interpretation of the trust instrument, in light of all thecircumstances including the nature of the power, whether the power is for the holder’s sole benefit or for the benefit of the trust beneficiaries. Third, if the trustee knows or reasonably should know that the power holder’s direction violates a fiduciary duty that the power holder owes to the beneficiaries, the trustee should have a duty to provide advice to the power holder and to warn the beneficiaries of the fact that it could affect the beneficial interests of the trust.
|
| Free Research Field |
信託法
|
