Studies On The Protection System Of Family Beneficiary’s Rights

Due to the need for wealth inheritance for the wealthy population,the family trust system has been studied and used for domestic purposes,with its unique advantages of wealth inheritance,asset isolation and protection.the wealthy must inherit family wealth smoothly so that family members can continue to receive benefits.However,family beneficiaries are always in a weak position in the family trust structure,and currently there are few special provisions to protect the rights of beneficiaries.Therefore,the situation contradicts the reality of the formation of family trust among wealthy groups.,so it is absolutely necessary to build a complete family trust beneficiary legal protection system.The beneficiary of a family trust is the subject who has trust interests based on the trust agreement,or the subject who enjoys beneficiary rights according to the nature of the family trust when the trust documents cannot identify the beneficiary.The right enjoyed by the recipient of the family trust is both a creditor’s right and a real right,which belongs to a new independent right."dual foundation theory" provides theoretical support for the beneficiary’s family trust right to be a unique right,similar to membership right from the perspective of the mutual independence of personal property and trust property,effectively combining the two characteristics.However,rights and creditor rights are unbalanced within the trust structure of beneficiaries,trustee,trustee,third party and other families.When beneficiary rights are exercised outside the family trust structure,obstacles such as incomplete rights,control and assistance measures occur,which seriously hinder the realization of beneficiary rights,so the purpose of the family trust cannot be fulfilled.Therefore,it is necessary to find a way to protect the rights of the beneficiary.Our country has a lot of experience with two different legal systems,from which our country can learn.From the internal perspective of the family trust,the focus is on building a structural framework where the beneficiary’s rights are at the core,and on taking measures to limit the retention of excessive rights.clarifying the principal’s duty standard and limiting the third-party recourse situation to emphasize the beneficiary’s core position.From the point of view of the beneficiary’s rights outside the family fund,the beneficiary’s rights can be established by means of public information and public trust,and then the beneficiary’s rights can be used on behalf of the beneficiary,like a beneficiary’s meeting,to emphasize the main position of the beneficiary.In addition,the additional supervisor of the beneficiary of the funding can be used to fully protect the beneficiary’s rights and interests.So that the purpose of the family trust can be implemented smoothly.