Regularizing The Legal Status Of Trust Settlor

The trust was established at the will of the trustor,who delivered his own property to the trustee.It can be seen that the trustor plays a decisive role in the the trust.However,in the most primitive trust system,the trustor withdraws from the trust relationship after establishing the trust,which makes its role in the trust obviously inconsistent with its legal status in the trust.Therefore,adjusting the legal status of the trustor has become a problem that every country using the trust system must face,and China is no exception.Based on the adjustment of the legal status of the trustor,this paper analyzes that there are some shortcomings in the adjustment of the legal status of the trustor in “Trust Law “of China,and seeks the trust protector system originated from the AngloAmerican legal system to help China's Trust Law to correctly adjust the legal status of the trustor.In order to fully discuss the adjustment of the legal status of the trustor,the institutional the framework and value of the trust protector system,and the legislation of the adjustment of the legal status of the trustor in China,the paper includes four parts as following:The first part is an overview of the trust protector system.This part discusses the concept and system design framework of the trust protector,and also lays the knowledge foundation for the following discussion.The second part is an analysis of the current situation of the trustor 's legal status.This part analyzes the problems existing in the legal status of clients in China by comparing the legal status of clients abroad.The third part is to analyze the system value of trust protector.This part discusses the design original intention of the trust protector system and its constantly enriched significance.Then it analyzes the role of introducing the trust protector in adjusting the legal status of the trustor.The fourth part is to put forward the legislative suggestions of adjusting the legal status of the trustor and introducing the trust protector system in China.This chapter synthesizes the analysis of the above three chapters,and puts forward its own opinions on adjusting the legal status of the trustor and legislative suggestions on the trust protector.