信托权的法律性质

在信托关系中,受托人对信托财产所享有的支配权被称为信托权。尽管受托人可以以自己的名义管理和处分信托财产,但是受托人支配信托财产不是为了谋求自身的特定利益,因此受托人对信托财产的支配缺乏权利的本质。受托人对信托财产进行符合信托目的、符合委托人意志或受益人利益的管理或处分,只是在履行其对委托人和受益人所承担的债务。

On the Legal Character of Trust Right

In the legal relation of trust, the right to administer a piece of trust property of a trustee is called trust right. Although a trustee can administer and dispose a piece of trust property in his own name, his purpose of doing so is not for his own special interest, for which that so-called trust right has no essence of rights. A trustee should administer and dispose a piece of trust property in concordance with the purpose of trust, the will of the settler or the interest of the beneficiary. That is his duty to the settler and the beneficiary.