On The Problems Of Testamentary Trust In China

Testamentary trust system has a long history of development, but it's still vigorous. That the main reason for the retaining its eternal vitality, originate in the under different social backgrounds always has its unique value function, and the demand for its unique value function, it is also hard to replace other legal system.For the establishment of the testamentary trust system and application, the system in Anglo-American law system countries have more mature, such as Britain, the United States; IN continental law system, some countries adopt the way of legal transplantation, gradually developed, more mature should belong to Japan and South Korea. But as the world's largest continental law system country, the improvement of the system of testamentary trust degree, and has become the world's economic development engine's economic strength is not harmonious. In this paper, based on this background, to check the testamentary trust is introduced first, and to better illustrate the value of the testamentary trust function and research the necessity of the testamentary trust. Then around the will, the will of the trust property, the parties to a trust testamentary trust actions, to the status of the testamentary trust system in China to do a more detailed analysis, and put forward a series of testamentary trust on our system, operation problems in the legislation, and puts forward some Suggestions on these problems, such as: about scope, qualification and distribution of rights and obligations, the parties will trust property and public rules of the testamentary trust during the duration of the testamentary trust established in the form of testamentary trust the change rule, testamentary trust is invalid and termination conditions, the execution of the testamentary trust rules, establish and perfect the testamentary trust business supervisor system, and so on.