资产收益权信托作为一种创新交易结构在近年发展迅猛,交易模式有集合资金信托计划认购资产收益权模式和财产权信托附加受益权转让模式两类。自“纯高案”后,业界开始审视资产收益权信托的正当性。从信托财产的合法性、确定性、可让与性出发,借鉴不动产收益权在立法中的态度演变,收益权信托模式存在被认定为信托无效之风险,但通过法律解释及无效行为转换机制,亦可将资产收益权信托解释为基础资产本身的信托。
<<The Usufruct of trust asset,as a kind of new deal structure,has grown rapidly in recent years. There are two kinds of trading mode,the first kind is launching a collective fund trust and then purchasing the usufruct of asset with the trust funds;the second kind is launching a property trust and then transferring the beneficial right. After the ChunGao Case,the justification of Usufruct Trust has aroused great concern among enterprises. According to the Trust Law,the legitimacy,certainty and assignability of fiduciary property are an essential part to set up a trust. From Guarantee Law to Property Law,the legislative attitude of right to Usufructus of real estate represents a large shift. On the ground of these analyzes,the trading mode of the Usufruct of Asset Trust is faced with a series of legal issues and risks.
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