A Research On Stiftung System

Stiftung is one of the most important and basic type of Juristische person in traditional civil law system. In modern times, Stiftung comes into being under the mutual infection of Roman law, the Christian doctrine and Renaissance.Stiftung mainly present itself in continental law system. In civil law of Germany, Switzerland and Italy all contains the prescripts of Stiftung and non profit FamilienStiftung. The civil code of Japan and Ethiopia all learn their law from western countries, so they hermit the Stiftung system. In Russian Federation and the other two countries– Mongolia and Vietnam, all have Foundation system which has the similar function as Stiftung. In China, Stiftung is comparatively detailed stipulated in Macao and Taiwan's law.In China,"General Principles of Civil Law"didn't adopt the way of demarcation between Verein and Stiftung. Foundation and juristische person -typed Private Nonprofit Organization have similar functions as Stiftung. Towards if introduce the concept and system of Stiftung into China's future civil code, the scholars in civil law field have different opinions.The truth is that the concept and system of Stiftung should be adopted in the future civil code of China. Stiftung not only well-formed, but also has its special value of overcoming the restrict of time to let the specific possession can be used in public utility for a long time and the conformity of law resources of non profit organization legislation sesources in china. Under the background of inheriting from continental law system, in China, Stiftung is superior to trust system obviously for Civil code. What's more, the law of Macao and Taiwan also have detailed prescripts of Stiftung, so the adoption of the concept of Stiftung is also propitious to the fusion of different law territory in china, and will promote the unification of the motherland soon to realize.The prescripts of Stiftung in China's future civil code should contain all the factors of this system and the purpose of Stiftung should be limited in public utility. Civil code should make abstract prescripts towards the possession of Stiftung. There also should have Vorstand and Aufsichtsrat as the organ of Stiftung, while the set-up of other organs depends on the party's discretion. In civil code, there should be systematic prescripts about Stiftung's set-up, modify, disbandment, suitable circumstance of using the prescripts of verein and endow the communal authority with the right of supervise...