영미법상 지명권에 관한 연구 －신탁지명권을 중심으로－

A power of appointment known as a powers is old concept in common law also. A Power of appointment is an authority to select a person who will be given the authority to dispose of certain property. But no person can not this power at anytime during their life. This concept will to be classified with a few thing concept again. Namely, power of appointment are classified as general power, special power and intermediate power or hybrid powers. Its may be summarized as follows. A general power is one exercisable in favour of anyone in the world including the donee. And a general power is exercisable among named individuals or a class such as one’s own children or employees of a company. Lastly, as the name implies an intermediate or hybrid power falls in between a general and specific power. Especially the concept of a powers must be distinguished with trust power. Because of a similarity between trusts and powers, it can be confusable when a settlor decides to give his trustees discretion as to the allocation of property vested in them. Nevertheless the two concepts can be distinguished. Therefore, it is essential to distinguish between the two concepts and should be further examined. I believe this article would be helpful for trust law revision of Korea.