The Evolution Of Legal Status Of The Trust Settlor

Abstract:The trust system originated from equity law of Anglo-American law system. In the trust legal relationship. The principal is not only the settlor of the trust, but also the one who set for their purposes of the trust and based on the trust of the trustee that transfer their specific property rights to the trustee. The trustee will in accordance with their wishes for the benefit of the beneficiary or manage, dispose of it for a specific purpose. Without the settlor, the trust system will never to appear. America Improved traditional trust system in the process when create commercial trust and Inter Vivos Trust. Changed the pattern that the settlor is off the trust relations after certain trust established to a new mode that as long as stipulated in the trust behavior, the principal as parties to a trust can enjoy the rights of revoke the trust, change the method of trust management and the beneficiary. But the principal rights must be made reservation in advance in the trust behavior. To some extent still bound by traditional law theory that the settlor must be divorced from the trust relations after certain trust established. However, in the process of trust system have transplanted later in the mainland legal system in Japan, Korea and China and other countries, in order to make the trust system in coordinate with social culture, legal tradition, transplantation of trust in countries were to vary degrees of transformation of content. Outstanding performance is given to the trust settlor legal status and rights.The settlor has experienced a historical change from the traditional Anglo American trust law does not provide the right to the continental law gives a variety of rights.This paper takes "The Evolution of Legal Status of the Trust Settlor" as the breakthrough point. Make a detailed analysis of the phase and the reason of settlor legal status evolution, which summarizes the history of the development of trust system, and strive to provide the beneficial reference for the study of the theory of trust in china.