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The Legislation Consummates On The Diversified Development Of International Trust

Posted on:2014-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2256330422957255Subject:Law
Abstract/Summary:PDF Full Text Request
International Trust is a logical extension of the Trust at the international range, atthe same time, diversification development of International Trust is a tendency, whichwill be a test of Chinese Trust System. It can also encourage the legislators to do moreresearch on Civil Trust and Public Welfare Trust, filling the vacancy of Chinese CivilLaw. Essentially, the diversification development of International Trust is meaningfulfor us.As far as we know, China has a population of more than1.3billion. Thedevelopment of Chinese Trust will influence the world. Essentially speaking, it willimpact on the development of the International Trust. The author keeps thinking thathow to make more and more people re-examine Trust, how to link it up with the world,how to make our government focus on the Trust Industry.As the development of economy and culture, disputes on Trust is more frequentthan before. The problem is what the judge should do when they meet such kinds ofdisputes. The situation is when a Trust is established in a certain civil Law country,and the content of the trust is about testament or public welfare. If the parties from thedifferent legal systems have some disputes, the judge may feel difficult to deal withthose them.The natural differences on legal system will make some troubles. Some Scholarssaid when a trust dispute happens, the parties, even the judges do not know how todeal with it, just because the result the law is different. It will take a long time toresearch and deal with those problems in law. The countries from the civil law systemdesire to learn about the trust Law and bring back to their own countries.Someone may think that the judge can solve it with the law of the application,while they should essentially refer to substantive law. In other word, the substantivelaw will become the final law to solve the disputes. It is difficult to get a fair judgment.We need the mature development of International Law. The legislators shouldreconsider the law of their own countries. International Commercial Trust has acharacter of the super power, but the range of the international should not be limitedin one direction. There should be some breakthrough at other areas.The author put forward the topic of Diversification development of theInternational Trust. The first chapter of this thesis elaborates the basic structures,functions, and characters of the International Trust, and clears up a misunderstanding between Trust and other similar concepts. The second chapter points out thepossibilities of the diversification of International trust. There are two cases in thethird chapter, one of case is the international Civil Trust, and the other case is theInternational Public Trust. This chapter argues the specific ways to carry out. Chapterfive analyzes the problems and obstacles in the practice of the International Trust,especially from the viewpoints of the Trustor, trustee and the beneficiary. Chapter fivesolves the problems specified in chapter four from the angle of the international lawand the domestic law. This chapter also makes some suggestions to solve the toughproblems.
Keywords/Search Tags:International Trust, Diversified Development, Legislative Consummates
PDF Full Text Request
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