近现代英国信托法律制度的确立

信托法律制度是英美法系特有的一种制度 ,信托制起源于用益制。在用益向信托的转变中 ,有两个时刻非常关键 ,其一是 15 36年《用益法》的颁布 ,其二是 16 35年的萨班奇诉达斯顿案结论的确立。前者为信托的独立发展提供了契机 ,后者最终确立了信托制独立发展的结果。

The Establishment of Modern English Trust Law

The trust law is the unique law of English law and the trust law came from the use. In the course of change from the use to the trust, there are two moments that are very important. The first one is the publishing of the Use, which made the trust law began to develop dependently. The second one was the case (Sambach v. Daston)(1635), which made the trust law became a depended law.