The Restriction On The Revocable Right Of The Tustor's Creditors

The creditor of the client may exercise the right of revocation of the trust if the corresponding conditions are met.However,the abuse of the revocable right will have a greater negative impact on the independence of the trust property and the stability of the specific trust.Therefore,this paper expounds the legal principle of restricting the creditor to exercise the revocable right and sorts out and analyzes how to reasonably restrict this right.This paper mainly discusses the general issue of how to better limit the right from the establishment of the creditor's right to rectify,the regulation of the creditor's trust revocation.This paper believes that the establishment of the revocable right should require the client to have the intention of trust fraud and impose a maximum time limit on the exercise of the right.At the same time,in order to better balance the interests of all parties,the trustee's performance of the remuneration,the trust benefits that the beneficiary has obtained and the special interests of other parties outside the trust subject should be given priority.In view of the particularity of self-benefit trusts and charitable trusts,this paper has developed a special chapter to discuss the issue of the client's creditor's right to exercise the right of revocation under the general self-profit trust,collective fund trust plan and charitable trust.In addition,based on the above discussion,this paper analyzes the provisions of Article 12 of the Trust Law of China on the revocable right.Since the content of this clause is too rough and not reasonable,some suggestions for modification and improvement were put forward.