欧洲信托通则.docxVIP

欧洲《信托法通则》（中英文版）Principles of European Trust LawArticle I - MAIN CHARACTERISTICS OF THE TRUST 1. In a trust, a person called the trustee owns assets segregated from his private patrimony and must deal with those assets (the trust fund) for the benefit of another person called the beneficiary or for the furtherance of a purpose.2. There can be more than one trustee and more than one beneficiary; a trustee may himself be one of the beneficiaries.3. The separate existence of the trust fund entails its immunity from claims by the trustees spouse, heirs and personal creditors.4. In respect of the separate trust fund a beneficiary has personal rights and may also have proprietary rights against the trustee and against third parties to whom any part of the fund has been wrongfully transferred.Article II - CREATION OF THE TRUSTThe general rule is that in order to create a trust a person called the settlor in his lifetime or on death must, with the intention of creating a segregated trust fund, transfer assets to the trustee.However, it may also be possible for a settlor to create a trust by making it clear that he is to be trustee of particular assets of his.Article III - TRUST FUND1. The trust fund consists not the original assets and those subsequently added, but also those assets from time to time representing the original assets.2. The trust fund is not available to satisfy claims made against the trustee in his personal capacity. Except to the extent that the settlors creation of the trust contravenes laws protecting his creditors, spouse or heirs, the trust fund is available only for claims made by creditors dealing with the trustee in his capacity as such and, subject thereto, for claims of the beneficiaries or the enforcer, who is an office holder entitled to enforce a trust for purposes.3. A trustee of several trusts must keep each trust fund not only segregated from his private patrimony but also from each of the other trust funds, except to the extent that the ter