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The Construction Of Testamentary Trust System In China

Posted on:2018-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2346330515495399Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China's economic development has made remarkable achievements,and the wealth of private wealth has shifted a lot.The increase in personal wealth has led to the emergence of a series of new questions about heritage inheritance.People are more eager to deal with their own property,have a better way to make their own wealth to benefit future generations.However,China's current inheritance system cannot fully meet the needs of people.I think that the construction of a will trust system can change this situation to a certain extent.Unlike the general contract-based trust,the will trust is the testator in order to achieve the management of the heritage behind him,during his lifetime through the establishment of the will form,according to their own wishes will be detailed in the planning of the will.When the testamentary action takes effect,the trust property is transferred to the trustee and the trustee manages the disposition of the trust property for the benefit of the beneficiary or for a specific purpose in accordance with the trust document.The will trust has a unique function compared to the inheritance system.Such as professional trustee management of property to preserve and increase value,follow the client's free will,effective inheritance and other aspects of attracting people's attention.Through the analysis of the reality of China's economy and ideas,the will trust has prospects for development in China,and it is regrettable that the will trust in our country has not received enough attention.Although the Trust Law provides for a will trust system,but more is based on the contract based on the general trust,and cannot be directly applied.The promissory trust also includes the inheritance system and the trust system,so there is some conflict.This paper introduces the basic theory of the will trust system,discusses the problems faced by the development of the will trust system in our country,draws lessons from the relevant system of the foreign law and puts forward some suggestions on how to improve the will trust system in our country.
Keywords/Search Tags:Testamentary trust, The trust property, Treu, Supervision mechanism
PDF Full Text Request
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