信托，作为英美法系的产物，随着国际商事和金融的发展被广泛引入大陆法系。中国于2001年颁布信托法。传统普通法和衡平法下的双重所有权概念与大陆法的单一所有权制度的差异对信托法的法律移植提出了挑战。本书能够帮助读者更好地理解信托财产的双重所有权制度，通过比较研究，探讨了信托在我国设立的最佳途径。本书解析重述了英美法系的著名信托及其在英美法系中的双重所有权；分析了信托在民事管辖中的引入；考察了我国信托法的相关规定，并对其存在的问题进行批判性研究；提出“受托人所有权和受益人特殊债权”的中国信托构想并对中国信托法的发展、完善提出意见。

I OVERVIEW
II COMMON LAW TRUST AND ITS DUAL OWNERSHIP
1. Definitions and the Nature of the Common Law Trust
(1) Definitions of the Common Law Trust
(2) The Nature of the Common Law Trust
2. The Concept of Dual Ownership in Common Law
3. The Legal Ownership of Trust Property
(1) A Trust Does Not Fail for Want of a Trustee
(2) The Trustee's Title to the Trust Property
A. A trustee's administrative powers
B. A trustee's dispositive powers
(a) The power of maintenance
(b) The power of advancement
(c) The power of appointment
(d) Powers of selection under discretionary trusts
(3) The Trustee's Equitable Obligation
A. A trustee's fiduciary duty
B. A trustee's other duties
(a) Duty to safeguard trust assets and invest trust funds
(b) Duty to exercise reasonable care
(c) Duties of impartiality
(d) Duty to keep accounts and to provide information
(4) Debriefing
4. The Equitable Title to Trust Property
(1) The Nature ofa Beneficiary's Rights
(2) The Beneficiary's Specific Rights
A. A beneficiary's right to compel due administration
B. A beneficiary's right to bring a derivative action on behalf of the trust
C. A beneficiary's right to terminate the trust
Summary
III THE INTRODUCTION OF TRUSTS INTO CIVIL LAW AND ITS OW-NERSHIP OF TRUST PROPERTY
1. Difficulties and Necessity of the Introduction of Trusts into Civil Law
(1) Difficulties with the Introduction of Trusts into Civil Law
(2) Necessity and Significance of the Introduction of Trusts into Civil Law
2. Possibility of the Introduction of Trusts into Civil Law
(1) Possibility of the Introduction of Trusts from a Theoretical Perspective
and the Notion of Special Patrimony
A. The possibility of the introduction of trusts from a theoretical perspective
B. The notion of special patrimony
(2) The Possibility of the Introduction of Trusts from a Practical Perspective
3. Introduction of Trusts into Civilian Jurisdictions in General
(1) Introduction of Trusts into a Pure Civil Law Jurisdiction
A. Introduction of trusts in the German civil law tradition
B. Introduction of trusts in the Latin American civil law tradition
(2) Introduction of Trusts in Mixed Jurisdictions
A. Introduction of trusts in Louisiana
B. Introduction of trusts in South Africa
4. The Scottish Theory of Trusts
(1) Different Theories of Ownership Developed in Scotland
A. Legal person theory
B. Theory of a beneficiary's ownership
(2) Fiduciary Ownership in the Mixed Scottish Legal System
A. Fiduciary Ownership in French law
B. Fiduciary ownership in Scots law
5. Ownership of Trust Property in Quebec Law
(1) Regulations of Ownership of Trust Property pre CCQ
A. Beneficiaries' ownership of trust property
B. Trustee's ownership of trust property
(2) Regulations of Ownership of Trust Property in the CCQ
A. The CCQ's significance in stipulating the notion of patrimony by appropriation
(a) Notion of patrimony by appropriation
(b) Rights and obligations of the settlor, trustees and beneficiaries under the notion of patrimony by appropriation
B. The CCQ's significance in developing the trust in Quebec law
(a) Introducing a wider and more defined concept of the trust
(b) Simplifying the modification of the trust
Summary
IV TRUSTS AND OWNERSHIP OF TRUST PROPERTY IN CHINA
1. History of Trusts in China, Legal Reforms of Chinese Trust Business,
and the Drafting of Trust Law of China
2. Notion of Trusts in China and Difficulties in the Introduction of Trusts
(1) Notion of Trusts in China - Trust and Investment Companies
(2) Difficulties in the Introduction of Trusts
3. Regulations of the Trust Law of China
(1) Definition, the Creation, and the types of Trusts in China
(2) Rig