Research On The Defect-Redressing In Express Trust Under Anglo-American Law

Through centuries’development, the British trust system has won the favor of most of the countries in the world by its flexibility and diversity while improving itself. Each country has altered the British trust system according to its legal system basis and specific national conditions while learning, absorbing and transplanting it. Many countries including America have successfully learned the system and enrich its function as well as superiority. However, take China as a typical example, there are many deviations appeared in transplanting the system for many countries which have made the trust losing its soul and its unique superiority. As a result, the omissions appeared in the trust system.British express trust is the fundamental reflection of trust system’s flexibility and superiority. Furthermore, America has enriched the express trust system while inheriting it. Therefore the author will study the situations of defective trust and the redressing ways according to Anglo-American express trust and thus consider the possibility of China learning the methods dealing with defects from Britain and America and the project how China can learn from it. Here is the structure arrangement:Chapter1will describe the basic theory of Anglo-American express trust, mainly including its conception, classification and its effective requirements.Chapter2will analyze the common defective situation in Anglo-American express trust from the aspects of trust being unable to establish and trust being invalidated. Subchapter1will analyze the situations trust being unable to establish because of uncertain purpose, beneficiary or there being flaws in trust property. Subchapter2will analyze the situation of invalid Anglo-American express trust from3major categories including the purpose of trust breaking the law, trust violating the sustainable principles and trust violating the public order.Chapter3will analyze the redressing of defective trust, the ways to handle the related property when a trust is considered defective, which mainly includes three ways, applying the resulting trust, letting the property owner enjoy the ownership of trust property and letting the trust property being confiscated by the country.In chapter4the author analyses the lessons for our nation brought by the defects and redressing of Anglo-Amerian express trust. Subchapter1analyses the flaws in defective trust settings and thus put forward some measures in learning related system from Britain and America from the aspects of the forms of trust, the influence on the trust brought by the clients and the deadline of the trust; subchapter2analyses the flaws in redressing the defective trust and proposes related measures of learning from the aspects such as apply the resulting trust.