Exploring Solutions to the Conflict between the Ownership of Trust Property and the Numerus Clauses

The principle of numerus clauses is the basic civil law countries, and trusts, as a product common system, are bound to diverge from it. Among them, conflict between ownership trust property most significant. How ease two in order promote long-term development trusts China has attracted lot attention. Trusts developing rapidly around world, comparative study approach been adopted, which following representative views: (i) Japanese scholars consider that legal relationship with both jus rem obligations, thus hold view owner’s right creator’s right. (ii) common-law deem nature trustee beneficiary share property, namely dual rights, kind “ bundle rights “. This article argues contradiction can be alleviated by strengthening practical regulation improvement relevant laws based on essence trust.