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信托法被认为是英国法对世界最大的贡献之一,也被公认为衡平法上的产物,而英国的契约法是普通法的主要组成部分。传统上,信托法并不被视为契约法的一部分。但是从功能上,契约法可以建构信托法,信托法与契约法的分野是仅仅历史的原因,还是信托法本身具有效率上的不可替代性,本文做出了相应的分析,认为现代的信托法有自身效率上的优势。
Trust law is considered one of the greatest contributions of the English law to the world and is also widely recognized as a product of equity, whereas the English contract law is a major part of the common law. Traditionally, trust law is not seen as part of contract law. But from the function, the contract law can construct the trust law, the division of trust law and contract law is only the history reason, or the trust law itself has the efficiency irreplaceable, this article has made the corresponding analysis, believed that the modern trust law Have their own efficiency advantage.