On The Perfection Of The Invalid Trust System In China

Article11of Trust Law in China sets six kinds of invalid trust in form of enumeration, which don’t construct our invalid trust legal system. However, to construct the invalid trust legal system, we should combine some civil laws such as Contract Law and General Civil Law. But after the legislation of Trust Law, some conflicts have been found between it and the other legislations, for instance, the validity of the trust of the oral will. It’s considered generally that trust originate from the use system in Britain. Therefore, as a law transplanted from the Anglo-American legal system, it has differences with the legal value in China. In detail, our trust law doesn’t invalidate the principle of sustainable trust or the trust protecting. One reason for this is that we were in short of perspectiveness and didn’t acknowledge the validity of litigation trust when introducing the trust legal system. The other one is that the lack of legislation results in the legal defects on our trust registration system and no direct provisions of the legal consequences of the trust invalidity.Based on the enumeration and analysis of the problems exist in the present legal system of the trust invalidity in China and some national trust laws in Anglo-American and other continental legal systems, this thesis, using the comparative method, puts forward the author’s suggestion on the improvement of the trust law in China:conditionally recognizing the declaration trust, perfecting the legal system of trust publication to invalidate the ban of principles of sustainable trust, recognizing the validity of litigation trust in charity litigation system, setting the ways of protecting trust and completing the charitable trust, introducing reply trust in the legal consequences of invalid trust. Moreover, this thesis gives advice on the specific modification of the provisions in Trust Law in China.