Study On The Law Application Of International Trust

Trust originated in England, is a kind of interaction between credit-basedproperty control and management of behavior. With its flexible features and gatherwealth, becoming an integral part of the exchange of funds and facilities of theinternational community for financial instruments. In common law countries, it hasbeen made in the development of civil law countries, relatively speaking, thedevelopment is lagging behind. With the frequent international economic and culturalexchanges, international activities more and more common adjustment by the laws ofthe several countries.so, the applicable dispute with the international law of trusts incivil law countries is gradually increasing. Due to lack of conflict the provisions of thecivil law countries of the foreign trust, the court and the parties have to spend a lot ofeffort to trust in the common law system.equally, the civil law countries and commonlaw countries trust system also holds a lot of uncertainty.In this case, privateinternational law scholars strongly urged the international community to set up a trustof the international conventions, to resolve the conflict of law of trusts exist betweenthe two legal systems, you can not trust system of civil law countries to solveinternational trust law conflict reference.In this context, after years of efforts by theinternational community in1984, the15th meeting of the Hague Conference onPrivate International Law, considered and formally adopted by the Hague Conventionon the Law Applicable to Trusts and on their recognition"(hereinafter referred to asthe" Hague Convention "). Marks the international community for the first time at thelegislative level to develop a rule on International Law Applicable to Trusts and trustso as to promote global development.This study will be mainly from the followingfour parts on International Law Applicable to Trusts system to explore, by comparisonof the two legal systems on International Law Applicable to Trusts system analysis,and the study of the regulation of the Hague Convention, which seeks to build China’sinternational law Applicable to Trusts road system.The first part introduces the theory of international trust. Originated from thetrust system to the development of globalization, as national economies exchange, trust system gradually cross-border development, the formation of the InternationalTrust system. International Trust and conducted a preliminary system defined analysisof the main manifestations of the International Trust and conflict of laws.The second part analyzes the domestic legislation of the International LawApplicable to Trusts system. Introduces the application of the law system of the twolegal systems on the International Trust, and a comparative study of two legal systemstrust relationship between the legal regimes applicable.The third part of Key Analysis of the Hague Convention on International LawApplicable to Trusts. From the background and development of the Convention, to thedetermination of the applicable law, and then to the other important provisions of theConvention, the final regulation of the Convention Analysis.The fourth part of the International Law Applicable to Trusts system to makesome suggestions. Through the introduction of the development of China’s currentdomestic legislation and our international trust the legal system, combined withComment on the law applicable to the relevant regulation, put forward somesuggestions on International Law Applicable to Trusts system, and affirmativeanalysis of the feasibility of China’s accession to the Convention.