Research On Testamentary Trust System

Compared with other forms of trust,testamentary trust has the biggest feature that it straddles the inheritance law and trust law.This means that it should not only meet the relevant requirements of the inheritance law,but also meet the corresponding provisions of the trust law.How to work out the problem of the connection between the inheritance section of the civil code and the trust law is the task of perfecting the testamentary trust system in China.How to ensure the realization of the beneficiary's rights through legal institutional arrangements,and not against the will of the testator,maintain the normal operation order of testamentary trust,so that the interests of the testator,the trustee and the beneficiary can be balanced in the best state,has become the first issue to be considered in the legislation of various countries,which is also the theme of this paper.Starting with the introduction value of testamentary trust system in the Civil Code,this article indicates the problems in the connection between the inheritance section of the Civil Code and Trust Law,and probes into how to construct and improve the testamentary trust system in China under the background of the promulgation of the civil code.This article is separated into four sections.The first section analyzes the introduction value of the will trust system in the Civil Code of our country.It is of great theoretical,practical and social value to introduce the will trust system into the Civil Code.The theoretical value is conducive to return to the essence of testamentary trust,the practical value is conducive to make up for the lack of testamentary inheritance,and the social value is conducive to creating a social atmosphere of integrity.The second section analyzes the coordination between the norms of testamentary trust system and the relevant systems of Civil Code.Starting from the legislative background of the Civil Code,this article finds out the defects of the existing system in our country,and indicates the problems in the connection between the inheritance section of the Civil Code and Trust Law,including the collisions between the will trust and the mandatory law,the disposition of the share of the trust interests of the deceased beneficiary,the conflict between the law on the form of the will trust and the establishment of the will,and puts forward suggestions for improvement respectively.To analyze the problems existing in the testamentary trust in my country,the third section is separated into four aspects: the assets proprietorship of the testamentary trust,the erection machinery of the testamentary trust,the implementation machinery of the testamentary trust,and the regulation machinery of the testamentary trust.At present,there are some problems in the testamentary trust system in China,such as unclear provisions on the ownership of trust property,unreasonable provisions on the elements of establishment and effectiveness,not specific provisions on the obligations and responsibilities of the trustee,no provisions on the duration of existence,and insufficient supervision.In order to improve the provisions of the relevant legislation on testamentary trust system in China,the fourth section proposes ways to work out the problems above,including clarifying the ownership of trust property,setting testamentary trust as being established and effective when the will takes effect,adopting registration antagonism,refining the trustee's obligation and responsibility,setting up the trust duration for 20 years,perfecting the legal system of supervision,introducing trust supervisors,strengthening supervision departments and self regulatory organizations' trust External supervision,etc.,so that the legislation can regularize and conduct the practices more legitimately and efficaciously.