Research On Construction Of Testamentary Trust In China's Trust Legal System

Testamentary trust means the creation of the trust by will.In the Common Law,its history has been for hundreds of years,we can say it is an ancient system.In China's trust practice,the specification on testamentary trust is very briefly in "Trust Law",many of the provisions did not consider testamentary trusts in detail,and many of the problems in practice didn't be predicted by legislation.Even it can be said,The provisions of "Trust Law" set up a testamentary,but Commercial Trust is still the main business of China's trust industry,the testamentary trust system has not really formed.While,there are few researches on the testamentary trust system in academic field in China,and most of the viewpoints are introduction of a testamentary trust system,few combined with the experience and achievements in practice.These factors have led that the testamentary trust business in China is still in blank.Therefore,to fill the legal void of the "Trust Law"and "Inheritance Law,how to build a testamentary trust system in China's trust system,is necessary to discuss based on theoretical in depth,for the practice or legislative amendments,also for the Trust practice to follow.This paper starts from the conception,characteristics and nature of the testamentary trust.Compared with the similar conceptions,it points out the necessity and feasibility of building the testamentary trust in our trust system.And then,with the method of comparative analysis,it assesses the legislation of other countries.Further,it points out that there are still many obstacles survived in China's testamentary trust system and legislation.Finally,it gives a design concept to our testamentary trust system.The innovation of the paper is: based on analysis of the testamentary trust theory and foreign mature experience,in terms of the practical needs and trends of trust,it points out the obstacles on development especially in China's testamentary trust system,and proposes a design practically feasible.Both from levels of legislation and practice,it provides theoretical support for building a testamentary trust in China's trust system.