신탁법 개정에 따른 부동산법제의 쟁점에 관한 연구

• 영문명: A Study on Issues with the Real Estate Law System according to the Revisions of Trust Law
• 발행기관: 한국부동산학회
• 저자명: 이상신(Lee, Sang Shin)
• 간행물 정보: 『부동산학보』不動産學報 第51輯, 197~211쪽, 전체 15쪽
• 주제분류: 경제경영 > 경제학
• 파일형태: PDF
• 발행일자: 2012.12.31

영문 초록

1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this study is to compare the realestate Trust laws of U.S, particularly civil trust law of with those of Korea. (2) RESEARCH METHOD This study is conducted by field investigation and confirmation of practical contents after access to relevant webpages, as well as domestic and foreign literature review. (3) RESEARCH FINDINGS The recently revised and enforced Trust Law contains many major changes with regard to real estate, but there is no literature that sorted out or reviewed what kind of problems would be raised in the old Real Estate Law System and related tax systems after the revision of Trust Law. This study thus set out to briefly sort out the revised aspects that might influence the Real Estate Law System and review the issues with the Real Estate Law System and related tax systems. 2. RESULTS First, it is difficult to say that there were fundamental changes to trust registration even though the scopes of contents of registration and joint and simultaneous application had been expanded. Second, the nature of trust as a business unit has been reinforced as the issue of limited liability trust and trust bond has been newly recognized along with the combination and division of trust. Third, the activation of civil trust has been promoted with real estate by recognizing self-beneficiary trust, living trust, and trust for beneficiary in succession. The possibilities for charitable remainder trust in the American law in combination with charitable trust have been heightened considerably. Finally, institutions that are difficult to explain without recognizing the entity of trust asset such as limited liability trust and trust bond have been introduced and reinforced the position of the trust entity theory in the tax law. It will be positive to revise in a way that recognizes the legal subjecthood of trust according to the legislative cases of the United States for unified interpretations.

목차

ABSTRACT

Ⅰ. 서론

Ⅱ. 신탁법상 주요 개정사항

Ⅲ. 신탁과 그 공시

Ⅳ. 사업단위로서의 신탁

Ⅴ. 재산관리 및 상속과 신탁

Ⅵ. 신탁과 조세

Ⅶ. 요약 및 결론

參考文獻

키워드

신탁법 유한책임신탁 부동산법제 신탁사채 신탁등기 Trust Law limited liability trust Real Estate Law System trust bond trust registration