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受動信託 및 受託者의 權限制限에 관한 硏究
Author
임채웅
Journal Title
법조
Publication Year
2007
Topics
Summary
This study aims to clarify the definition and validity of the ambiguous concept of passive trust and to examine the issue of limiting the trustee's authority in a trust relationship. Passive trust is defined as a trust in which the trustee does not have the right or obligation to actively manage and dispose of the assets, and while it has limited practical value, it is not considered invalid. The trustee's authority can be broadly restricted either at the time of establishing the trust or through subsequent procedures, and such restrictions should be permitted as long as they do not jeopardize transaction security.
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