Research On Legal Issues Of Family Trust

Trust system originated in England,is "the jewel in the crown of British and American Law",and family trust is the earliest trust system in the history of various trust types.Family trust has the characteristics of multiple functions,private customization of content,complicated structure and long duration.For the wealth family,family trust is not only a family inheritance tool,but also a way to develop and manage the family.Family trust is well developed in some developed countries,but in China,the family trust is not so smooth at present.The reason is that the introduction of family trust into China is relatively late,and the relevant legal environment is not perfect.In order to make the family trust more applicable in China,this paper discusses the trustee qualification,the rights and obligations of the trustee and the supervisor of the family trust.The first part is the concept and origin of trust system and family trust system.Through the study of trust system,this paper combs the concept of trust,the origin and development status of trust,and understands the legal characteristics and institutional functions of trust.On this basis,this paper analyzes the trust system,highlights the value of trust,and introduces the concept of family trust and its origin,and studies the attributes and functions of family trust.The second part,through the comparison of the development status of domestic and foreign family trust,finds the characteristics of family trust system in different legal system areas,especially for the legal provisions of trustee,and finds out the content worthy of reference.And found some problems of the trustee system in the development of family trust in China,such as the ownership of the entrusted property,the determination of the trustee subject,the responsibility of the family trust trustees.The third part discusses whether the entrusted property of family trust should belong to the trustee.Through the analysis of the ownership of foreign entrusted property,different legal traditions of ownership in different legal systems,and along with the situations of our nation,we put forward some suggestions on this issue.The fourth part discusses the subject of trustees of the family trust in three ways:explaining the contents of family trust trustee,analyzes the provisions of natural person,legalperson and unincorporated organization in the current law,and puts forward suggestions on the qualification of various subjects.The fifth part,the responsibilities of the family trust trustees.The trustee's rights can be divided into other interest rights and self-interest rights.It mainly discusses the rights related to family trust and puts forward suggestions to improve the trustee's rights;it mainly discusses the duty of care and the duty of personal management for the trustee's obligation of family trust in China,and puts forward suggestions for the improvement of the trustee's obligations of family trust in China by referring to the relevant foreign systems.The sixth part is the construction of family trust supervisor system.At present,there is only a supervisor for the public trust in mainland China,but there is no regulation on whether it is applicable in family trust.This chapter mainly discusses the necessity,orientation,qualification and rights and obligations of supervisors.