The Problem Research Of Dual Ownership About Testamentary Trust Property

With the rapid development of the socialist market economy in our country,the public more and more income,followed by inheritance problem become one of the core problems in every family,and it has become a hot topic for public discussion。In order to protect the good be heirs,and at the same time in order to better use of the wealth to benefit the society,in the will adopt the testamentary trust system originates from British and American countries has become a best choice。Originated in medieval England heritage trust system,this system so long history origin and even earlier than the institution of law of contract,In Britain and the United States under the French border refers to the heritage trust law,the property holders by separation and transfer the property to its heritage trust contract manage the trustee of the trust,disposition,and will eventually ownership transfer income and property of the property to specify the beneficiary of a kind of wealth management,transfer of legal system。For a testamentary trust management in China,however,are still in the bud stage,belongs to the beginning。Our country enacted as early as 2001 the trust law of the testamentary trust system had certain rules,but there are provisions are too simple,,fuzzy problems,some of the content and even contradict and conflict with the relevant legislation。Is precisely based on this,in the American home the testamentary trust in the system development is constrained in mainland China,is not very smooth,investigate its root cause lies in the testamentary trust theory research starts late in our country,the legal attribute defines some basic legal concepts is not clear,among them,the testamentary trust property ownership is the core issue of testamentary trust system theory 。Therefore,in order to further perfect our system of testamentary trust clear testamentary trust property ownership problems become a pressing task。Testamentary trust system originates from British and American country,in the British and American countries about testamentary trust property on the basis of theoretical research,analyzes the testamentary trust property ownership theory, and then from the parties to a testamentary trust(trustee and beneficiary) according to the specific rights and obligations of clear testamentary trust on the ownership of the property ownership。...