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On The Testamentary Trust Of The Legal System In China's Trust Law

Posted on:2012-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:X G RenFull Text:PDF
GTID:2166330338495019Subject:Civil and Commercial Law
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The current modernization of China's socialist legal system is accelerating now, the wealth of ordinary people are also changing the concept. The Trust Law which originated in the common law countries, because of its unique heritage and efficient management of wealth for the majority of the characteristics of favored by people in Britain and other Western developed countries, including East Asia, Japan, South Korea and China's Taiwan region, Testamentary trust has long been widely recognized and utilized for the prosperity and stability of the system of local social and economic life play a more active role. It is based on people's aspirations for the Trust Law and to further promote the economic prosperity and social security and stability, China in April 2001 the Trust introduced the law as a civil law legal system, a special law, the operation involving property rights, claims, inheritance, gift, and financial market asset management, tax, public service and other aspects of content, and thus the need for the implementation process and other existing legal systems are connected, although not confirmed the existing law of succession testamentary trust the legal system. Trust Law of the People's Republic of China will provide a basic reference for us.This article is divided into six parts:The first part of the Trust's legal system origin and development process, the Trust focuses on the legal system as a human effectiveness in dealing with property management method and system, although there are some differences, but the essence is the same, that the Trust core is a principal, trustee, beneficiary, trust property constituted four elements. Trust that the inheritance of Roman law, the United Kingdom with the benefits system, executors on the Germanic law and British common law system, combining the development of the trust system, the impact of, clearly defined the meaning of testamentary trusts.The second part, the part of the comparative analysis method to study the existing two legal norms of the testamentary trust of the specific system, the latest development results, future trends and so on. In common law, the system has a relatively mature. Research on the design concept of the Testamentary trust and respect the wishes of the client and the court of equity not because of lack of the trustee is void, against the principles of sustainable development are described. The system has been in civil law in Japan, Korea and other laws in its Trust finalized its nationals in the property management, financing, etc. With the new models and ways of how to deal with a matter of a civil right the basic principles of property law in the face with the testamentary trust of property rights vested in the Court of Justice elected trustee of a will trust the system, trust relationship between the parties within the law to do a comparative study.The third part, on the development of the will of the Trust on the feasibility from an economic level, the legal level, cultural level, analyzed, and the special value of testamentary trusts are discussed, that testamentary trusts addition to property management, increase the value of but also has the solution to social welfare and security features, In addition, the Trust has demonstrated a will mean that the parties in respect of the trust property bankruptcy remote, legitimate tax saving, wealth, inheritance and the effect of four advantages that testamentary trust system in China The establishment already has a history from the subjective to the objective and then to the concept of a series of conditions.The fourth part introduces the basic legal elements of testamentary trust structure, which respectively discuss testamentary trust in the legal relationship, the testator (the principal), trustee and beneficiary of the rights and obligations of the contents of the establishment of testamentary trusts, change, termination of the dynamic process for the comprehensive analysis of the system and rules for the system of testamentary trusts and trust the legal system part of the rules pave the way for the proposed changes, and analyzes the principal means that the subject of testamentary trusts certainty, the certainty of beneficiaries , testamentary trust property management changes, the court in a will trust in the functional role of other content, structure of the testamentary trust from static to dynamic implementation of the whole process.The fifth part, for testamentary trusts in our country started, and key obstacles to implementation of the establishment of the Trust from the entry into force of wills, tax collection and management system, Trust Law, the registration rules of the trust property, the four issues, raised these questions is hindered the implementation of the legal system of the main issues for the next legislative proposals and improve the measures paving the way and leading.The sixth part, Part fifth is proposed and analyzed for the four obstacles, combined with the reality and status of the legal basis for operation, said the establishment of testamentary trusts and the entry into force of rules changes, and established the rules of the Court elected to the client, the testamentary trust proposed registration of property registration Confrontation with respect party autonomy and improve the implementation of the initiative of testamentary trust, to reduce the current implementation of other laws, the system of trust over a will bound. In particular the impact of existing rules of property law, and finally a bold proposal to clear the ownership of the property rights of the trust property, that is the trustee entitled to ownership of the trust property, but does not have any income of the trust property, the beneficiary entitled to trust property during the existence of the testamentary trust all the proceeds to beneficial to structure and protect the legitimate rights and interests of beneficiaries of testamentary trusts. Thus achieves respects the trustee (to set up deceased) the meaning expression, the respect right of privacy protection legal effect.Finally, the author also recommends the concept of culture, trust, trust the industry a good image-building, consciousness of the whole society to further promote trust testamentary trust system and trust the legal system and spread forward...
Keywords/Search Tags:Testamentary trust, The trust legal relationship, The trustee, the beneficiary, Rules Against Perpetuties, Registration antagonism
PDF Full Text Request
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