Abstract
Today it is common to find trusts in civil law jurisdictions, a recent and significant example being the Chinese trust, introduced in 2001. Yet civil law trusts are not the same as their common law counterparts, and the Chinese trust departs in some respects even from the model often found in the civil law. This chapter explores the issue in the context of the Chinese trust. It covers two topics: the location of title to the trust assets, and the doctrinal explanation for the rule that trust assets have immunity from the private creditors of the trustee. Today the theory of dual patrimony is recognized as a powerful and convincing explanation of the personal and proprietorial relationships which make up the civil law trust. It would be a pity if China were to be denied this conceptual awakening. Keywords:Chinese Trust; civil law trust; dual patrimony; European trust; private creditors
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