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The 2nd ¡°One Case One Lesson¡± Hong Kong Barrister Lecture Was Successfully Held

One the morning of May 19th, 2018, the second ¡°One Case One Lesson¡± Hong Kong Barrister Lecture, whose topic was Constructive Trust, was successfully held by Renmin Law School. The lecture was delivered by Lin Dingguo, a Hong Kong senior barrister, chairman of the Hong Kong Bar Association(2017-2018) and presided over by assistant professor Stephen Leonard. Barrister Lin Junxi and postdoctoral associate professor Liu Bin also participated in the conversation.

Barrister Lin Dingguo explained the right structure of trust in detail through the specific case that he had trailed as Deputy Judge. As the product of legal presumption, there are many differences between the legal trust and the agreed trust. In the case, the property registered in the wife¡¯s name is presumed as the trust property. Thus, the wife, as the trustee takes the legal consequences arising from the presumption of trust and other property which is independent of the wife cannot become inherited property. The legal presumption of the trust has special value in settling the problem of the inconformity between the literal and actual property ownership. Eventually, Barrister Lin dissected the case further by taking the example of the relationship between the explicit shareholder and the implicit shareholder in The Third Judicial Interpretation of Company Law.

From the comparative perspective, postdoctoral associate professor Liu Bin analyzed the due judgement logic of the case in the context of Chinese law. He also carried on a comparative analysis among the legal-presumed trust, voluntary service, unjust enrichment and the trust concept in Chinese Trust Law. He then made a final evaluation on whether the legal-presumed trust can be transplanted in China¡¯s legal system.

More than twenty students from the law school participated in the lecture. In the Q&A session, Barrister Lin answered the students¡¯ questions targetedly in a lively atmosphere.

(Editor£ºQu Yinsheng)

 
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