A New Review of the Attribute of the Trust Beneficial Right

The legal attribute of the trust beneficial right has always been a controversial issue.Being summed up,there are creditor's right theory,mixed-right theory and new-right theory in this field.Although above theories do have certain reasonable aspects,there are concerning questions about all of them.From the actual and deserving viewpoint,trust beneficial right should be regarded as a real-right and the facts that the object of beneficial right is non-specific and the existence of claim-right for beneficiary can not be used to deny its attribute of real-right;moreover,as a special kind of real-right,trust beneficial right does not violate the legal principle of one-object-one-right.