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信托受益权是一种特殊的民事权利。狭义的受益权是指收益受益权与本金受益权,广义的受益权除此之外还包括监督管理权。信托受益权直接涉及受益人能否现实享有信托利益,也是委托人信托目的重要实现方式,但关于受益权的性质至今尚无定论。采用比较的方法来论述信托受益权的性质,并得出结论:狭义信托受益权是物权,但具备债权的一些外在特征,是一种新型的物权;广义信托受益权是一种兼具物权特征与债权特征的新型权利,简单的将其归入物权或债权并不可取。
Trust beneficiary is a special kind of civil rights. The narrow sense of beneficiary refers to the benefit of beneficiary and the right of beneficiary. The right of beneficiary in general also includes the right of supervision and control. The beneficiary right of the trust directly relates to whether the beneficiary can actually enjoy the trust benefit or not, and it is also an important way to realize the trust purpose of the trustor. However, the nature of the beneficiary right is still inconclusive. A comparative method is used to discuss the nature of the trust beneficiary, and the conclusion is drawn that narrow beneficiary trust is a property right, but has some external features of debt, which is a new type of real right; Property rights and claims with the characteristics of a new type of right, simply classified as property or debt is not desirable.