Research On The Legal Nature Of Trust Beneficiary Right

The trust system originated in the United Kingdom USE system. As an ancientsystem of property management, it is not only popular in common law countries, butalso carry forward in the modern civil law countries, more because of its flexible andefficient property management means. Trust property right system is the core of trustsystem, while the core of the system of trust property right is the legal nature of trustbeneficiary right. Therefore, that the legal nature of trust beneficiary right, determinesthe essence of the trust system and the development direction. The legal nature oftrust beneficiary right Has long been a big problem in the academic field and practicefield.Many countries in the world have their own research results on the legal natureof the trust beneficial right: the division for human rights and property rights incommon law countries, the division for real right and creditor’s rights in civil lawcountries, there are also many scholars puts forward some new compromise orinnovation point of view out from the traditional division of rights, such as mixingfunction of property rights, creditor’s rights real right coexist, property functiondistinguish, special law subject and special rights, agent, etc.The thesis is divided into four chapters to study the legal nature of trustbeneficiary right: the first chapter is a summary of trust beneficiary right, whichelaborates the generation and the content of trust beneficiary right. The second chapter is theoretical and practical problems of trust beneficiary right in china’s trustlaw: points out the source of these problems that does not properly define the legalnature of trust beneficiary right and shows the research significance of this thesis.Thethird Chapter is the existing research results and reviews of trust beneficiary right inmany countries in the world. Respectively from the common law system, the civil lawsystem and Hague Convention of Trusts, we present to you about this topic researchpresent situation and the existing framework through the definition of trust forauthority and the analysis of the academic doctrine of it.The fourth chapter putsforward my own views and suggestions to our legislation. First is to directly putforward my own point of view based on the analysis of the third chapter studies-thetrust beneficiary right is a new kind of right, and then introduce the reasons andcontents, then prove that the new right can solve the theoretical and practicalproblems above, finally is the suggestions to build trust beneficiary right system inChina.