Study On Testamentary Trusts Of China

Testamentary trust refers to the client that is the testator manifests in the way of will, after death, his legitimate property or property right transfered or registrated to the trustee who is in accordance with the intentions of the trustor independent for the interests of the beneficiaries to manage and dispose of the trust property.The legal system of testamentary trust in countries of Anglo American law system has been developed, individual countries and regions in the continental law system is relatively perfect. But our legal system of testamentary trust development is very slow because of late introduction, system loopholes,not perfect supporting system and other reasons, soit is not into practice level. However, with the market constant depth, the rapid development of economy, the prosperity of the country,people own more wealth, and the handling way on the property, especially the legacy created new demand, so testamentary trust went into the view of Chinese people.Sense of completement and carrying out the testamentary trust business in our country is urgent and strong.In this paper, the text part includes four parts, the first part is introduction, mainly to briefly describe topic basis, purpose and significance of topic selection, the research and development of the testamentary trust at home and abroad, and the research methods and innovation of this article; the second part is the introduction of testamentary trust legal system,mainly to describe the similarities and differences of testamentary trust, testamentary succession, the gift, and other legal systems, and descrip the origin, definition, characteristics and functions of testamentary trust, at the same time also to briefly describe the development of testamentary trust system in the United States and Japan; The third part is the interpretation of the testamentary trust legal system in China, in this part, by using the method of comparison, first detailedly introduce and explain testamentary trust legal relationship of subject and object, and then detailedly elaborate the establishment, set up, take effect, change,regulation and termination of testamentary trust, and thus has been clear about the testamentary trust legal system deficiencies in China; The fourth part is the perfection of the testamentary trust legal system of our country, in this part, first of all, the reasons to promote the development of testamentary trust in China has carried on the brief description, second,the perfection of testamentary trust legal system in China are proposed, namely, explaied the ownership of testamentary trust property not established by the trustee promises, using he registration counter, single tax system, increasement the trust supervisor, at the same time, in the final, proposed practice feasible suggestions of testamentary trust under the background of law at present in our country.