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Chapter Law Content

Title: Trust Law CH
Category: Ministry of Justice(法務部)
Chapter II Trust Property
Article 9
The property rights acquired by a trustee by virtue of a trust act shall be deemed to be a trust property.
Any property rights acquired by a trustee from the administration, disposal, destruction, damage or otherwise of trust property shall appertain to the trust property.
Article 10
No trust property shall appertain to the trustee's estate upon the death of the trustee.
Article 11
No trust property shall appertain to the bankrupt estate when the trustee becomes bankrupt.
Article 12
No trust property shall be subject to compulsory execution unless the subject of the execution is a right in the property that exists before the trust is established, or a right that arises from the administration of trust affairs, or unless it is otherwise provided by other applicable laws.
In case of violation of the preceding paragraph, the settlor, beneficiary or trustee shall have the right to bring an action with the execution court to oppose against creditors before the end of the compulsory execution proceeding.
In the situation provided in the preceding paragraph, the second and third paragraphs of Article 18 of the Compulsory Execution Law shall apply mutatis mutandis.
Article 13
Claims appertaining to the trust property shall not be offset against debts not appertaining to the trust property.
Article 14
If rights other than title to a property are the subject of a trust property, those rights shall not be extinguished by their being commingled with other rights even if the trustee has acquired rights in the property.
Article 15
Any change in the method of administration of a trust property shall be subject to the prior consent of the settlor, trustee, and beneficiary.
Article 16
If the method of administration of a trust property is not in the beneficiary's interest because of change in circumstances, the settlor, beneficiary or trustee may apply to the court for the change in the method.
The preceding paragraph shall apply mutatis mutandis to the method of administration determined by the court.