On the first point, I'm trying to create an environment where a business cant hire many people to hold a small number of domains. So if you made a rule that holding a domain both grants ownership and negates any other deals about transfer of ownership, this would mean that if someone could only ask me to hold a domain via a trust relationship. That might be fine for a few family members and friends but it would never scale to large amounts.
Thinking a bit more on it you'd likely have to split individual vs corporate domain ownership to protect business interest. Charge corporate a x100 multiple for holding domains to avoid someone setting up huge amounts of shelf companies, but companies can also own a small number of domains but at a price where squatting is hard.