Study On Applicable Law Of Foreign-related Testamentary Trust

Under the circumstance of reinforcing the economics interchange and population migration,with the development of testamentary-trust industry in our country,foreign-related testamentary trust case would be emerged soon.However,the enactment of Law Application of Foreign Civil Relationships in 2010 didn't explicitly defined the applicable law of foreign-related testamentary trust.It will cause the choice difficulty in applicable law of foreign-related testamentary trust,whether foreign-related testamentary trust shall apply law by foreign-related testamentary or by foreign-related trust? In view of that,on the basis of elaborated analysis of conflict law of foreign-related testamentary trust in foreign countries and the applicable law of foreign-related testamentary trust in foreign countries,this thesis will put forward proposals about the perfection to applicable law of foreign-related testamentary trust.This thesis involve four parts.The first part elaborately expound the history and the definition of foreign-related testamentary trust,including the history and the function of foreign-related testamentary trust introduction,and the definition of foreign-related testamentary trust,the differences between normal foreign-related trusts and foreign-related testate succession.The second part analyzes the regulation of conflict of law testamentary trust in each country,present testamentary capacity,the form of testamentary,testamentary content,revoke testamentary and the validity of trust,the right and obligation of the trust parties,the belongings of trust property,the management of trust,etc.The third part introduce the legislation of foreign-related testamentary-trust applicable law in foreign countries,including U.K and U.S,the representation of common law system,and Japan and German,the representation of civil law system,along with the Convention on the Law Applicable Trusts and on their Recognition.The final part introduces Law of Law Application of Foreign Civil Relationships concerning with foreign-related testamentary trust relationship and the regulation of applicable law of foreign-related testate succession,also analysis of the regulation of applicable law of foreign-related testamentary trustand the relationship of foreign-related testate succession,along with adopting depecage the regulation of applicable law of foreign-related trust and foreign-related testate succession to solve the legal conflict in foreign-related testamentary trust,and problems might be caused in theory and practice.On that basis,writer put forward legislative suggest in regard to applicable law of foreign-related testamentary trust in our country.