The Contracts of Secured Trust and the Role of Negligence of Trustee in It

Dividing the contracts of trust into secured and unsecured is presented in the contracts of trust. The contracts of secured trust are those of which the hands of trustee on the subject of trust are considered secured. This circumstance is contrary to the contracts of unsecured trust because in this type contracts as soon as the contract is established the hands of trust for trustee will be created. Thinkers have debated on the different aspects of the negligence in the contracts of unsecured trust. Still the impact of negligence of trustee in the contracts of secured trust is unclear in some extent. For before the commitment of negligence, the secured hands have been for trustee. The important impact of negligence in the contracts of secured trust is binding of paying profits which is included solely the wage in kind of obtained profits and from the other side, the impact of this subject is differentiated according to cases in the contracts of secured onerous trust and in the contracts of secured gratuitous trust. Because in the first type the trustee is bound to repay wages in kind like specified wages according to the precedent agreement and in the second type wages in kind of obtained profits is duty of trustee. With acceptance of this opinion that the description of trust implies to negligent trustee, the biding of paying profits is restricted to the period of negligence.