Reflective Analysis Of Stiftung System

Originally legislated in Germany,and later inherited by other civil law system legislations,Stiftunghas already become one of major organization forms for the public welfare.Demarcation between Verein and Stiftung,based on the foundation of establishment,is the basic way of legal person's classification in the civil law theory.Although the statutes don't adopt this demarcation in China,the classification,based on the standard of administration function and ownership,fails to reflect the general meaning of legal person.At the meantime,the General Rules of Civil Law promulgated relatively early days cannot cover the types of legal person appeared in other laws and regulations later.Thus,the legal person's classification in China is faced with the issue of lack of integrity and scientificity.On this issue,some scholars proposed that China shall introduce the Stiftung system and adopt the demarcation between Verein and Stiftung to solve the problem above mentioned.They compared the relative types of legal person in China with Stiftung,trying to clarify and certify the feasibility of this proposal.While some other scholars has pointed out the limitation of this demarcation,the introduction of Stiftung is still the mainstream view in the academic materials connected with Stiftung.However,if we carry out a comprehensive study on Stiftung in different jurisdictions,we shall find there are lots of differences among them.Meanwhile the distinction in traditional civil law theory between Stiftungand Verein,nonprofit Verein in particular,is not clear-cut,while there are more in common between them.Standing on this point,this essay focuses on the differences between Stiftung systems in different jurisdctions and the similarities between Stiftung and Verein,which both involved less in academic study in the past,in order to give a comprehensive reflection on Stiftung system.In accordance with the legislation reality in China,this essay analyzes and elaborates the necessity and feasibility to introduce the Stiftung system in civil law code.This essay then compares the Stiftung with nonprofit corporates system as well,hoping to wipe out some obstacles of law application and enactment of the Code.