Research On Void Trust

From the initial use to the modern trust, trust becomes the world’s most popular property management methods through a tough development in the United Kingdom. With the rapid development of the global economy, the civil law countries have realized the benefits of the trust and introduced this advanced rule to own country. Based on the British equity, the trust rule has a huge impact on the existing legal system after transplantation into civil law countries, because the big difference between the legal system of civil law and common law countries. At the same time, the civil law countries change the rule according to their own circumstances, such as the provisions of both the litigation trust and debt trust are void trust.Void trust is a special means to balance the individual freedom value and social justice value and plays an important role in the trust rule. In the common law countries, they stipulated the trust by enacting statutes and precedents, while in the civil law countries, they stipulated the trust by written law because there is no case law tradition before. Flexible and innovation of trust can not specify by a few simple articles so that the traditional disadvantages of the civil law completely unmasked. In order to avoid the right vacuum state because of void trust, laws will provide some remedy to make up this situation. Among the provisions, one of the most important means is return the property of the void trust by using the resulting trusts rules to achieve the interests balance. Resulting trust is a kind of trusts implied by law, rooted from resulting use in early British. With the development of the resulting trust, the scope of the resulting trust has stretched to void trust field and focused on the ‘return property’ problem, which has a perfect influence on benefit the interests between the parties. In civil law countries, most of the trust law provisions void trust, while few countries to carry out the provisions about legal consequences of void trust, and therefore can only rely on other existing legal systems, such as non reason management, unjust enrichment and contract rules, to solve this problem. But these systems will produce many new problems.China Trust Law Article 11 stipulates the types of the void trust, but not carry out the legal consequences of void trust. After the trust is held invalid, the parties can only seek remedy according to the existing legal, which caused lots of problems. Introduction the resulting trust undoubtedly belongs to a useful attempt which can improve our void trust by reference the rules of the common law countries. Some scholars believe that if our country introduces the resulting trust, we will face many obstacles, such as ‘the principle of legal prescription of real right’ and ‘one property one right’. In fact, these two doctrines haven’t impeded the trust introduction. The greatest difficulty lies in how to design the protection mechanisms of the trust parties and how to balance the interests.