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Study On The Modern Charitable Trust System In Britain

Posted on:2012-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:P L XiongFull Text:PDF
GTID:2216330338970644Subject:Legal history
Abstract/Summary:PDF Full Text Request
Trust system is the most characteristic legal system among English law. The origin of trust system is in England. It has gained rapid and far-reaching development in the world now, which has amazed us by its advantages and bright development prospects. Charitable trust system is an integral part of trust system. In today's world, there are factors of social injustice existing in every country and the wealth gap is increasing. For reasonable and effective solutions of these social problems, charitable trust system is a wise choice. We can see the source of the trust system, the connotation and operation characteristics from discussion on British charitable trust system that will be certain positive significance for improving our system of charitable trust.The paper firstly makes a macro discussion on the whole process of the source and development of British charitable trust from the evolution system of British charitable trust system, and traces the source of its evolution history, which let us have a clear and basic understanding of the development of British charitable trust system; then through the introduction of the basic connotation of British charitable trust system, we can have a clear grasp of some basic elements of British charitable trust, such as the concept and functions of charitable trust of trust, the basic concepts and types of charitable trust, etc. The basic knowledge lays a solid foundation for in-depth grasp of charitable trust; then it gives certain number of interpretations for some specific problems of British modern charitable trust system, such as the establishment, supervision and termination of charitable trust, etc. Particularly, a more detailed discussion is made on the approximate principle that is of decisive significance for the operation of charitable trust, so that we can have a clear understanding of some specific systems of modern British charitable trust and the operation of these systems; finally, it makes a brief summary of the characteristics of modern British charitable trust. Questions such as what kinds of features of British charitable trust since it develops to today, why it can develop well and widely in the world will be answered. The paper also makes introduction on the impacts of British charitable trust. In this paper, two countries are selected-the U.S. and Japan which are representational in the common law and civil law systems to carry on elaborating the extraterritorial influence of British charitable trust, from which we can see that other countries, absorb and learn British charitable trust system. But they are not completely absorbing without chewing, but introducing critically based on their own-conditions, which makes the charitable trust systems of their own develop extensively. And in a certain sense it also highlights the glorious quality of the system. At last, our charitable trust system is introduced based on the current "Trust Law", then its irrational elements are pointed out and some specific institutional thinking is recommended. Considering the ultimate meaning, it is hoped that these can be good for the improvement of our charitable trust system, and can be the reference for building a socialist harmonious society.From this paper we can see the problems in learning and absorbing a law system. For a system, we shall first know its source and the evolution process then have a good grasp of its connotation, at last based on in-depth understanding and grasp of national situation, introduce and develop it. As we all know, it is not an easy thing to learn and absorb a system. The improvement of our charitable trust system is still subject to the efforts of many experts and scholars for its extensive and in-depth development in our country.
Keywords/Search Tags:trust, charitable trust, trust property
PDF Full Text Request
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