The Study On Charitable Trust In England

Charitable Trust found its origin in England, and it was closely connected with the development of equity and was spreaded to the world along with England colonial expansion in the 18th century. Charitable Trust was earlier than the other types of Trusts and plays an important role Trust law of England. Charitable Trust is well-developed in England.Charitable Trust can be first traced to the Middle Ages.Tudor laid the foundation for charitable trust, Charitable Use Act 1601 was the starting point of charitable trust in England and other countries as well, justice and social practice in 17th and 18th century verify its effects. Legal reform in the 19th century drew the outline of charitable trust in England, supervision was also established in this period. Charitable Trust came to its written form in the 20th century;England people are in their way to perfect this system.Public benefit is the core value of charitable trust in England and a distinguished feature differ from private trust, which means more restriction and claim to its foundation. To obtain its legal position and benefit, charitable trust also needs to satisfy some particular requirements, which is absolute. In the English justice and legislation, a complete system was formed to the public benefit of charitable trust. Charitable Trust takes an immeasurable effect to English public welfare and is promoted by the law in tax preference.Cy-Pres Doctrine is the most featured rule and indispensable part of charitable trust in.According to the English law, a trust can not be found if the donator's intention is missing. But charitable trust is an exception, Cy-Pres Doctrine enables the charitable trust valid. The purpose of Cy-Pres Doctrine is to make the charitable trust workable to serve the social public. Therefore, legislation in England guaranteed the application of Cy-Pres Doctrine.The public benefit of charitable trust results in the uncertainty of its beneficiary. The English law provides quite different justice remedy for charitable trust, if the beneficiary's interests are injured, the royal Attorney General must commence the lawsuit for him/her. This remedy is closely related to the tradition of English justice.The remedy to charitable trust beneficiary is determined by two reasons, one is equity remedy history of charitable trust, another is the nature of charitable trust beneficiary right. The English court of equity enjoys inherent jurisdiction to charitable trust. One important duty of equity court is to confirm and protect beneficiary right.Justice remedy is just a final way to protect the public interests of charitable trust. Owing to the limitations of equity court and royal Attorney General, supervision to charitable trust is necessary. Charity Commission is the core department for supervision and its most distinguished feature. Together with other organizations, Charity Commission provides a multi-angle and solid supervision to charitable trust.The thesis consists of introduction and six chapters, and shows a whole picture of charitable trust in England.The first chapter is "the Origin and Development of Charitable Trust in the England". In this part, charitable trust is classified into four historical periods based on its development, and each period is detailed in reasons, historical backgrounds and achievements.The second chapter is "the Pre-supposition of Charitable Trust". It discusses three more essential conditions of charitable trust, that is, charity purpose, public benefit, and absolute public benefit. The strictness is due to the tax preferential policy.The third chapter is about the invalidation of charitable trust and the application of Cy-Pres Doctrine. Cy-Pres Doctrine was first applied in England to proof the possible in validness of Cy-Pres Doctrine.In this part, the author detailed this particular rule in the aspects of case law and statutory law.The fourth chapter is "the Supervision of Charitable Trust". Before a professional committee, charitable trust was supervised by both court of equity and royal Attorney General as well.The supervision system was gradually perfected in its process of development.The fifth chapter is "the Justice Remedy of Charitable Trust". The author discussed justice remedy in three aspects, remedy objection, how to start a remedy and the ways of remedy. The emphasis is on the English justice remedy.The sixth chapter is "the Effects and Evaluation of Charitable Trust in England" Charitable Trust had a great effect on both common law countries and continental law countries. This chapter starts with the effects of charitable trust abroad, then analyzes the history, development trend and features of charitable trust, and evaluates the role of this system.