British Family Granted A Production System

As a unique land system in pre-modern Britain. The Strict Family Settlement refers to a series of legal relationships such as property transfer, status inheritance, deed, trust, mortgage, marriage, etc. This system, emerging in late 1700s, had flourished in England during the following two hundred years, playing a significant role in the maintenance of family inheritance, political stability and wealth accumulation. Since the late 19th century, it had gradually waned in practice and finally came to an end in 20th century. Despite its disappearance, the essential idea of The Strict Family Settlement has passed on to the modern trust system, which means that an inquiry of the institution could still be a good reference for the contemporary family arrangement and the land reform in rural areas in our country. This essay is divided into five parts as follows,ChapterⅠfocus on the concept of The Strict Family Settlement. In the beginning, an analysis of the meaning, nature and category concerning The Strict Family Settlement was given. Following this, an argument was made on the basis of an overview of the existing opinions among scholars. Finally, a reasonable definition of The Family Settlement would be concluded in combination with an account of the historical background.ChapterⅡcenters on the appearance and development of The Strict Family Settlement. Firstly, an examination of the socio-historical context was made from the view of socio-economic transformation, the change of land property rights, the landowners'desire and the growing of profession lawyers as well as the innovation of legal system. Secondly, a detailed depiction about arising of The Strict Family Settlement was given. In order to reveal the historical course, I traced back to linkage of the frank-marriage, the Fee Tail, the Remainder, the role of trustees, the rules of against perpetuities, the long-term accumulation, and the rules of resettlement. In the end, the main processing of The Strict Family Settlement and its legislative reform would be presented.ChapterⅢmakes a particular emphasis on the related aspects of The Strict Family Settlement such as the rights and obligations of the owners of Fee Simple, Life Estate, Remainder, the trustees and other participants. The rights and obligations of the above subjects not only immediately related to the practical effect of The Strict Family Settlement, but also embodied its idea of balance.ChapterⅣelaborates the primary contents of Strict Family Settlement, including its simplified model, essential rules, the occasions of settlement and the remedy measures in case of non-observance.ChapterⅤmakes a comprehensive review of The Strict Family Settlement's historical effects, immediate significance and major disadvantages. Following this, an in-depth analysis of the system is made in terms of jurisprudence. In conclusion, the value of The Strict Family Settlement for China's reference on its current rural land system would be pointed out.