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信托产生的最初目的在于规避土地的封建负担,最初不为普通法所承认和保护,是衡平法赋予了受益权强制执行力。可是,代表国王利益的大法官为什么要违背国王的意志这样做呢?学者们始终没有回答这个问题。对此,本文提出了三个理由:第一,基督教教会是最大的受益人,如果用益得到法律承认,那么教会可以获得巨大的经济利益;第二,衡平法的大法官对用益设计享有最直接的物质利益,赋予受益权强制执行力,就是给予自己的利益以法律保障;第三,大法官们作为上帝在人间的代表,必须出面制止和惩戒违背基督教教义的行为,这样才符合“正义”和“良心”。因此,与其说衡平法院拯救了信托而信托也拯救了衡平法,毋宁说是基督教拯救了信托,而信托拯救了衡平法院。另外,本文提出了一个被现有研究所忽视的重要因素,即宪政方面的原因。由于1215年的“大宪章”确立了国王服从法律的原则,议会权力的扩大限制了王权,国王无力制止大法官承认信托,于是信托终于得以逃出生天。
The original purpose of the trust was to avoid the feudal burden on the land. At first, it was not recognized and protected by common law and it was the equity enforced by the law. However, why do the judges, who represent the interests of the king, do so contrary to the king’s will? Scholars have never answered this question. In this regard, the article puts forward three reasons: First, the Christian Church is the largest beneficiary, and if the benefits are recognized by law, the church can gain enormous economic benefits. Secondly, the Equity Judge enjoys the most direct benefit to benefit design Thirdly, as the representative of God in the world, the judges must come forward to stop and punish violations of the Christian doctrine so as to conform to the principle of “justice ”And “ conscience ”. Thus, instead of the Equity Court saved the trust and the trust also saved the Equity, rather Christian saved the trust, and the trust rescued the Equity Court. In addition, this article presents an important factor ignored by the existing research, that is, the reason of constitutionalism. Since the “Magna Carta” of 1215 established the principle of obeying the law by the king, the expansion of parliamentary power limited the monarchy and the king was unable to stop the trial of the trust by the judge. As a result, the trust finally escaped its birth.