| 释义 |
enforcer
n. A third party to a trust who is neither a trustee nor a beneficiary but who can be appointed under the trust instrument for the purposes of ensuring that the trust is carried out in accordance with its terms. Although such a role is recognized in some jurisdictions, English law remains attached to the beneficiary principle, under which a trust is only valid where there is a human beneficiary who is able to enforce the trust. (The only exceptions are charitable trusts, where the terms are enforced by the Crown, and a very limited class of purpose trusts.) Support has grown in some academic quarters for the replacement of the beneficiary principle with a broader enforcer principle, under which the terms of a trust can be enforced by designated persons who are not beneficiaries. Most offshore jurisdictions allow purpose trusts if an enforcer has been appointed. |