第十二条 委托人设立信托损害其债权人利益的,债权人有权申请人民法院撤销该信托。
Article 12 If the trust a trustor establishes has harmed the interests of the creditor, the creditor shall have the right to apply to the people's court for canceling the trust.
人民法院依照前款规定撤销信托的,不影响善意受益人已经取得的信托利益。
Trust benefits already obtained by a goodwill beneficiary shall not be affected if the people's court cancels the trust according to the provisions of the previous paragraph.
本条第一款规定的申请权,自债权人知道或者应当知道撤销原因之日起一年内不行使的,归于消灭。
The right to apply shall extinguish if the creditor doesn't exercise it in one year since he knows or should know the reasons for cancellation.
第十三条 设立遗嘱信托,应当遵守继承法关于遗嘱的规定。
Article 13 The establishment of testamentary trust shall abide by the provisions of the Succession Law on testament.
遗嘱指定的人拒绝或者无能力担任受托人的,由受益人另行选任受托人;
If the person appointed by the testament refuses or doesn't have the capacity to act as trustee, the beneficiary may appoint other trustees;
受益人为无民事行为能力人或者限制民事行为能力人的,依法由其监护人代行选任。
if the beneficiary is a person without civil capacity or a person with limited capacity, his guardian shall appoint the trustee on his behalf according to law.
If there are other provisions on the appointment of the trustee in the testament, those provisions shall be followed.
遗嘱对选任受托人另有规定的,从其规定。
if the beneficiary is a person without civil capacity or a person with limited capacity, his guardian shall appoint the trustee on his behalf according to law.
If there are other provisions on the appointment of the trustee in the testament, those provisions shall be followed.
第十四条 受托人因承诺信托而取得的财产是信托财产。
Article 14 The properties that the trustee obtains as a result of accepting the trust are trust property.
受托人因信托财产的管理运用、处分或者其他情形而取得的财产,也归入信托财产。
The properties that the trustee obtains by way of managing, utilizing, disposing of the trust property or by other means shall also be deemed as trust property.
法律、行政法规限制流通的财产,依法经有关主管部门批准后,可以作为信托财产。
Properties limited in circulation by laws and regulations may be used as trust property with the approval of relevant departments in charge according to law.
第十五条 信托财产与委托人未设立信托的其他财产相区别。设立信托后,委托人死亡或者依法解散、被依法撤销、被宣告破产时,委托人是唯一受益人的,信托终止,信托财产作为其遗产或者清算财产;
Article 15 Trust property differs from other properties with which the trustor hasn't established a trust.
After the trust is established, if the trustor dies or disbands according to law, or is canceled or declared bankrupt according to law, and if the trustor is the only beneficiary, the trust shall terminate and the trust property shall be deemed as his heritage or liquidation property;
委托人不是唯一受益人的,信托存续,信托财产不作为其遗产或者清算财产;
if the trustor is not the only beneficiary, the trust shall continue to exist and the trust property shall not be deemed as his heritage or liquidation property;
但作为共同受益人的委托人死亡或者依法解散、被依法撤销、被宣告破产时,其信托受益权作为其遗产或者清算财产。
but if the trustor, as a joint beneficiary, dies or disbands according to law, or is canceled or declared bankrupt according to law, the beneficial right of the trust shall be deemed as his heritage or liquidation property.
第十六条 信托财产与属于受托人所有的财产(以下简称固有财产)相区别,不得归入受托人的固有财产或者成为固有财产的一部分。
Article 16 The trust property differs from the property owned by the trustee (hereinafter referred to as inherent property for short) and shall not be deemed as the inherent property of the trustee or become part of the inherent property.
受托人死亡或者依法解散、被依法撤销、被宣告破产而终止,信托财产不属于其遗产或者清算财产。
If the trustee dies or disbands or terminates as a result of being canceled or being declared bankrupt according to law, the trust property shall not be deemed as his heritage or liquidation property.
第十七条 除因下列情形之一外,对信托财产不得强制执行:
Article 17 Trust property shall not be enforced except under any of the following circumstances:
(一)设立信托前债权人已对该信托财产享有优先受偿的权利,并依法行使该权利的;
1) The creditor has already gotten the priority of compensation from the trust property before the trust is established and exercised the right according to law;
(二)受托人处理信托事务所产生债务,债权人要求清偿该债务的;
2) The debts incurred from the trustee's handling of the trust affairs and the creditor requires the debts to be paid off;
(三)信托财产本身应担负的税款;
3) The taxes that the trust property are due; and
(四)法律规定的其他情形。
4) Other circumstances provided by law.
对于违反前款规定而强制执行信托财产,委托人、受托人或者受益人有权向人民法院提出异议。
If the trust property is enforced against the provisions of the preceding paragraph, the trustor, trustee or beneficiary has the right to make an objection to the people's court.
第十八条 受托人管理运用、处分信托财产所产生的债权,不得与其固有财产产生的债务相抵销。
Article 18 The creditor's right obtained by the trustee through the management, utilization and disposition of the trust property must not offset the debt caused by his inherent property.
受托人管理运用、处分不同委托人的信托财产所产生的债权债务,不得相互抵销。
The creditor's right and the debt caused when the trustee manages, utilizes and disposes the trust property of different trustors must not offset each other.
第一节 委托人
Section 1 The trustor