Research On Eligibility Of Future Interest As Trust Property

Since the trust was introduced into China,although the academia has always considered that the trust and China's existing legal system are generally difficult to integrate just like “water and oil”,with the establishment of basic legal framework system of the “one law,two regulations”,the trust industry is gradually on the right track.The "one Law,two Regulations" has not been substantively tested by China's judicial trials since its promulgation."Anxin Trust v.Kunshan Chungao Case" is known as the first case of the trust,but the judiciary has not established rules and standards in practice from the height of the theory of trust law,and then the "Shixinronghe case" came.With the development of society,commercial entities are increasingly demanding of funds,and the capitalization of creditor's rights and even the future interests have received extensive attention from the market.For example,the “equity revenue” in “Shixinronghe Case” is a kind of future interest.Due to the lack of future interest system,it is worthy to research on whether the future interest,a new type of rights,can be set up as a trust property.This article focuses on the requirements of the trust property when setting up a trust,and combines the characteristics of future interest to analyze the aforementioned core issues.This article consists of three parts: introduction,text and conclusion.The main body is divided into the following four chapters:The first chapter is to put forward the problem.“Shixinronghe Case” is to startwith the issues that will discussed in this paper,which is whether the establishment of equity revenue,a kind of future interest,can be set up as a trust property.And to the object of the problem,the author believes that the nature of the equity revenue is the future interest.First of all,it combs the concept of future interest,and analyzes the future interest as a “growth right” from the perspective of rights.It has economic benefits,can be used as a subject of transactions,and should be protected by law.After analyzing the three classification theories of future interest,the author analyzed the two important issues involved in the classification of claims through debt law-related theories to further clarify the concept of future interest;the author focuses on the legal nature of the equity revenue mentioned in the background case.By analyzing the different perspectives on the equity and equity revenue,it is theoretically defined as “the future interest”.The second chapter is to analyze the risk of theory and operation about the issue,also as the problem that needs to be solved in this paper.The third chapter focuses on the eligibility of future interest as a trust property.Starting from the comparative law on the requirements of trusts for trust assets,it reveals the requirements of the trust in China's “Trust Law”,introduced from outside the country,ie,legality,certainty,transfer.On this basis,the concept and nature of future interest are analyzed against the requirements of the trust property one by one.Finally,analysis of whether the specific forms of rights is consistent with the requirements of the trust property.The fourth chapter puts forward institutional proposals for perfecting the future interest trust.As to the future interest,the proposal is to construct the legal system and the future publicity system for the transfer of future interest.In terms of the supporting system of trust assets,as to the trust registration,adopt registration antagonism,and suggestion about the improvement of the registration agencies,registration scope,registration methods and continuous publicity.In the improvement of the trust property tax system,the first is to clarify the principles that should be followed: the statutory principle,the catheter principle,and the principle of substantive taxation.On this basis,it should be improved in terms of both tax liabilityand avoidance of double taxation.