지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
A business trust refers to a corporate with no granted legal associations that is operated and maintained by a trustee in the interests of its beneficiary or beneficiaries, which are the holders of its certificates of participation that grant the right to yields occurring to their trust property based on the stipulations stated in the trust instrument or declaration of trust.
This is a form of law that has been developed only in the United States, and its origin is found in the "non-mandatory organization" devised in Massachusetts in the 19th century. The company law adopted by the state at that time did not allow the establishment of a corporation operating for the purpose of obtaining real estate properties. Instead, trustees took an approach of establishing a company that managed a trust fund commissioned by multiple investors intending to obtain and/or develop land and this process brought about the result of allowing them direct participation.
Since then, the business trust has been further developed and acknowledged as one of the state's case laws, and it is now called a Massachusetts trust.
This thesis examines the legal principles of the beneficiary's liability that have been formulated and developed in the United States with the main focus on the characteristics of corporate structure and case law.
Due to its peculiarity in terms of legal scope and related laws, the business trust has not been dealt with seriously by the academic community in Korea.
Under the current circumstances, however, where the need to adopt the concept of a business trust as a vehicle for asset management and/or maintenance is being increasingly recognized, a thorough examination of the legal principles surrounding the business trust as one of the new workable tools for asset management is viewed as highly meaningful.
The reason that this thesis deals mainly with the legal principles of the beneficiary's liability among numerous liability-related principles that apply to all concerned parties in business is because the conceptual structure of a business trust places its focus on the responsibilities/liabilities surrounding the trusted properties whereas general trust laws put their emphasis on the responsibilities/liabilities of trustees.
Consequently, in a business trust a trustee holds the status of a judicial person and the trusted property is viewed as being legally independent on its own having the right to be used as a primary collateral against which the trustee itself is not held legally responsible. Also a business trust regards a trustee as having no right of indemnity to exercise against the beneficiary and recognizes a beneficiary as the party that has limited financial liability.
One should note that the approach that this thesis takes in analyzing the legal principles of the beneficiary's liabilities as conceptualized in a business trust is to divide the principles into three groups (which are the “Massachusetts Principle”, which adopts union law or trust law selectively depending on the case the “Texas Principle”, which applies union law exclusively and the “Kansas/Washington Principle”, which adopts corporate law exclusively) and then to discuss the meanings of each principle.
This is a form of law that has been developed only in the United States, and its origin is found in the "non-mandatory organization" devised in Massachusetts in the 19th century. The company law adopted by the state at that time did not allow the establishment of a corporation operating for the purpose of obtaining real estate properties. Instead, trustees took an approach of establishing a company that managed a trust fund commissioned by multiple investors intending to obtain and/or develop land and this process brought about the result of allowing them direct participation.
Since then, the business trust has been further developed and acknowledged as one of the state's case laws, and it is now called a Massachusetts trust.
This thesis examines the legal principles of the beneficiary's liability that have been formulated and developed in the United States with the main focus on the characteristics of corporate structure and case law.
Due to its peculiarity in terms of legal scope and related laws, the business trust has not been dealt with seriously by the academic community in Korea.
Under the current circumstances, however, where the need to adopt the concept of a business trust as a vehicle for asset management and/or maintenance is being increasingly recognized, a thorough examination of the legal principles surrounding the business trust as one of the new workable tools for asset management is viewed as highly meaningful.
The reason that this thesis deals mainly with the legal principles of the beneficiary's liability among numerous liability-related principles that apply to all concerned parties in business is because the conceptual structure of a business trust places its focus on the responsibilities/liabilities surrounding the trusted properties whereas general trust laws put their emphasis on the responsibilities/liabilities of trustees.
Consequently, in a business trust a trustee holds the status of a judicial person and the trusted property is viewed as being legally independent on its own having the right to be used as a primary collateral against which the trustee itself is not held legally responsible. Also a business trust regards a trustee as having no right of indemnity to exercise against the beneficiary and recognizes a beneficiary as the party that has limited financial liability.
One should note that the approach that this thesis takes in analyzing the legal principles of the beneficiary's liabilities as conceptualized in a business trust is to divide the principles into three groups (which are the “Massachusetts Principle”, which adopts union law or trust law selectively depending on the case the “Texas Principle”, which applies union law exclusively and the “Kansas/Washington Principle”, which adopts corporate law exclusively) and then to discuss the meanings of each principle.
목차
Ⅰ. 서설
Ⅱ. 사업신탁의 기업조직적 특징
Ⅲ. 사업신탁에서의 수익자책임
Ⅳ. 결론
참고문헌
〈Abstract〉
참고문헌 (28)
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UCI(KEPA) : I410-ECN-0101-2010-366-001387482