A Study On The Legal Issues Of Testamentary Trust In China

Testamentary trust has growing maturely in Western countries,such as UK,USA andJapan,which means trust is created through the will of a deceased person.Somehow, thisinstitution meets some obstacles in dealing with new situation of China legal system,which has different charterers and features of the Western counterpart. Though, it hasbeen successfully brought and enacted in China legal system, meanwhile, it exposedsome tip-of-the-iceberg problems which we cannot ignore.Because, it shows how thetestamentary trust idea needs to be redefined.The introduction mainly talk about the background of study on the testamentary trustat home and abroad. And the research method, both of the advantages and thedisadvantages of this article are introduced in this part also.This dissertation is made up of six chapters.Chapter one, namely study on somerelevant legal problems concerning testamentary trust.This part is the foundation of thewhole work. And in this part, the function of the trust is also be discussed. Chapter two iscontented of the theory of how to establish the act of testamentary trust. In this chapter, ithas been deeply analyzed of the concept and features of the key element of creation of atrust.Chapter three mainly discuss about different parties to a trust and their rights andobligations. And deeply analyzed the relation among those parties and rebuilded thereaction of them. The fourth chapter is come to the broad concept of change andtermination of trust. Chapter five is about the property under trust, which is the core oftestamentary trust. In this part we will encounter with the important question of theadministrative regulations and its performance in testamentary trust.The last chapter isabout trusts taxation and supervision. Sound taxation and supervision system is thefundamental safeguard for introducing the trust and enacting it efficient.