受托人委托权制度中的责任问题研探

在信托法中,受托人委托制度中的责任承担问题是一个重要的法律问题。它涉及的责任包括受托人责任和第三人责任。我国信托法在受托人委托权制度中的责任问题规定上存在一些不足,应该对之进行修正。

Research on Liability issue in system of trustee's delegation power

In trust law,the distribution of liability is important in the system of trustee' delegation power.It includes trustee' liability and the third person' liability.Trustee' liability involves personal liability which should not be ignored and vicarious liability which mostly is a kind of fault liability in most legislation; the third person' liability is a kind of special liability in trust law,its exstence is necessary. In our trust law,there are some defects about liability distribution in the system of trustss' delegation power, these defects should be amended in the future.