A Study On The Execution Of Property Preservation In Family Trust

The trust system originated from England,and it was transplanted and developed by other countries because of its great effect on the family inheritance.However,the development of the trust system in China is not accidental but inevitable,many factors work together to promote the development of the system in China.At present the domestic economic growth is rapid,the family wealth accumulation increases gradually.Since the reform and opening-up of the first batch of entrepreneurs have been to their own start-up enterprises to the hands of the second generation.On how to pass on the family wealth,the family trust can give a more comprehensive answer.But our country family trust start late,from 2013 Ping An Trust launched the First Family Trust products so far,the development of family trust less than 10 years.The rapid development of the industry and the lagging laws and regulations easily lead to the problem that the laws and regulations can not give clear regulation in the judicial practice.In the dispute of unjust enrichment between Yang Xiaoli and Zhang Xiaoli,the question arises whether the family trust property can be preserved.Based on this case,this paper analyzes the irrationality of the execution of family trust property preservation,and puts forward some suggestions to solve the problem.This article is divided into four chapters.The first chapter,starting from the basic facts of Yang Xiaoli and Zhang Xiaoli’s unjust enrichment dispute case,raises the question whether the trust property can be preserved from the court’s ruling,issues such as the independence of the trust property.Current laws and regulations do not provide a direct answer to this question,and the court’s ruling is in direct contradiction to the "nine people’s records" provisions.As the first case of family trust property preservation,its importance is self-evident,so the study of the fundamental issues of the case is particularly important.The following is the basic concept,nature,function and other aspects of the family trust property can be preserved.The second chapter analyzes the rights and responsibilities of each party of the family trust.Based on the legal concept of family trust,this chapter introduces three main parties in family trust: client,trustee and beneficiary,and analyzes the rights and responsibilities of the three parties,mainly includes the recanting right of the client,the honest and prudent obligation of the trustee,the recourse right and the beneficial right of the beneficiary.First of all,it is not appropriate to endow the trustee with the right of revocation,which conflicts with the legal principle of the right of revocation.Secondly,our country expresses the right of the beneficiary as the right of rescission,this definition is not appropriate,it should be defined as the right of recourse so as not to conflict with the property of the right of the beneficiary.Finally,the fiduciary duty of good faith and prudence plays an important role in ensuring the complete performance of the trust contract and should be paid attention to.The third chapter discusses whether the execution of family trust property preservation is reasonable.First of all,according to the nature of family trust,the author holds that the owner of the family trust is the trustee and has no contact with the parties involved in the case.And the family trust property has independence,the property to take protective measures and independence is completely contrary.Secondly,the most basic function of the family trust property is to ensure that the trust property is not affected by the bankruptcy and debt risks of the trust parties,to ensure the living conditions of future generations,and to ensure that the property is inherited,the preservation of the property would run counter to the original purpose for which the family trust was established.Finally,the preservation of family trust property can not satisfy the most basic condition of civil property preservation: the preserved property is related to the case involved.And in this case,the preservation of the family trust property is in conflict with the principle of the best interests of the child,the value of shifting responsibility from the fault of the parents to that of the child is clearly at odds with the right values that should prevail in society today.In conclusion,it is unreasonable to preserve the family trust property.Chapter fourth puts forward some suggestions on the improvement of the legal loopholes mentioned above.First of all,the existing law for the interpretation to prevent the law because of the lack of clarity and unreasonable measures taken.Secondly,the establishment of a sound legal system,clear trust property as the owner of the trustee and the establishment of a national family trust registration system,to prevent the practice of the existence of unclear ownership of the situation.At the same time,we should also improve the system of protecting the interests of children to prevent the interests of minors from suffering losses.First,we should establish the principle of the best interests of the child at the legislative level,and secondly,we should establish and improve the corresponding monitoring mechanism,finally,the name of children born out of wedlock should be abolished at the legislative level to convey to the public the need to protect children and not to shift the fault of parents to the normal growth of children.