신탁법상 자기신탁에 관한 연구

A Study on the ‘Trust created by self-declaration’ under the Trust Act

This paper is intended as an investigation of the provisions concerning the Trust created by self-declaration under the revised Trust Act. There is a provision of a self-declaration among methods of creating trusts in this Act §3 ①. The self-declaration is a truster’s declaration holding his identifiable property as a trustee. We call this trust creating by it the trust created by self-declaration. Because of it’s useful, this self-declaration is adopted under the revised Trust Act and influenced the provisions of the Trust Law in Japan §3, and the Uniform Trust Code in U.S.A. §401, and the Draft Common Frame of Reference in U.K. Ⅹ-2:103. The trust created by self-declaration is special and unique, so it is necessary to make a comparison between these provisons of the countries mentioned above. I shall discuss, in detail, self-declaration classified 4 group, or ① a sole truster and a sole trustee, and ② a sole truster and co-trustee, and ③ co-truster and a sole trustee, and ④ co-truster and co-trustee. And I shall analyze ⅰ) a deed of creating Trusts, and a method of public notice in the self-declaration, and ⅱ) the status of a truster, and a trustee, and a beneficiary in the trust created by self-declaration, and ⅲ) the termination of the trust created by self-declaration.