Trust Acts Of Entry Into Force Of The Elements Of Research

The law of trust originates in the Anglo-Saxon law system, so there is no historyand traditions of the trust in the civil-law system. In other words, the trust law in chinaand other civil-law country is a transplant. So, How to integrate this foreign system intoChinese law is a very interesting topic. In the civil-law system, "legal act" is a basicdefinition. A valid legal act must satisfy certain requirements. These requirements lie onthe following aspects: the subject of the act, the object of the act, the formality of the actand the purpose of the act. Relatively, when we analyze the act of trust, we can use thesame frame. There are a number of requirements for a valid creation of a trust. How toset up a valid trust is the first question in the law of trust. In this article, the prerequisitesof a trust will be enumerated and analyzed. The requirements for a valid trust will bestudied in four aspects: the subject, the object, the expression and the purpose. In the second part of this article, the requirements about the subject of the trust willbe discussed. There are three parties in a trust: the settler, the trustee and the beneficiary.Any person who want to be a settler must have the capacity to own any particular formof property, but the law does not require the settler must be a full capacity person .thereis some confusions in the Chinese trust law on this problem (article 19), I will try toexplain them and give some advice for amendment .the key point of this part is theprinciple of beneficiary. This principle has been regarded as a core of the creation of atrust. The emphasis of the principle is that the settler shall have identified the personswho are to benefit under the trust. Only in this way, the trust is administrativelyworkable and capable of being policed by the court. In the third part, the property of the trust is the main problem. There are threeaspects about the property: the range of the valid property, the transference of theproperty and the registration of the property. Whether the transference is a necessity of avalid trust in china is the major question. The function and necessity of the propertyregistration will also be discussed in this part. In the fourth part, the certainty and the formality of the expression to create a trustis the major topic. If you want to set up a valid trust, you must make it clear that what isyour intention, who is the trustee, what is the property and who is the beneficiary. Andyou must express these elements in a proper form. If you fail to do so, the trust will beinvalid. In the fifth part, the validity of the purpose of a trust will be discussed. Severalcommon illegal trust purposes will be enumerated. In this part, I will analyze why thesepurposes shall be regarded as illegal and the rationality to do so. I will use the historicalmethod and comparative method to study this problem. The last part is the conclusion of this article .in this part; I will summarize all therequirements of a valid trust and raise some basic principles about how to confirm avalid trust.