신탁법상 자기신탁에 관한 연구

This paper is intended as an investigation of the provisions concerningthe Trust created by self-declaration under the revised Trust Act. Thereis a provision of a self-declaration among methods of creating trusts inthis Act §3 ①. The self-declaration is a truster’s declaration holding hisidentifiable property as a trustee. We call this trust creating by it thetrust created by self-declaration. Because of it’s useful, this self-declaration is adopted under the revisedTrust Act and influenced the provisions of the Trust Law in Japan §3,and the Uniform Trust Code in U.S.A. §401, and the Draft CommonFrame of Reference in U.K. Ⅹ-2:103. The trust created by selfdeclarationis special and unique, so it is necessary to make a comparisonbetween these provisons of the countries mentioned above. I shall discuss, in detail, self-declaration classified 4 group, or ① a soletruster and a sole trustee, and ② a sole truster and co-trustee, and ③co-truster and a sole trustee, and ④ co-truster and co-trustee. And I shallanalyze ⅰ) a deed of creating Trusts, and a method of public notice inthe self-declaration, and ⅱ) the status of a truster, and a trustee, and abeneficiary in the trust created by self-declaration, and ⅲ) the terminationof the trust created by self-declaration.