Font Size: a A A

Research On The Legal Issues Of Family Trust In China

Posted on:2024-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:M D WuFull Text:PDF
GTID:2556307124981279Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Family trust originated in the UK,but with their unique advantages of wealth transmission,management and protection,they are increasingly preferred by high-net-worth individuals.Family trust have been developed in China for a relatively short period of time and started late,but the prospects of the market they possess are extensive.However,the development of family trust in China has not been smooth due to the fact that the relevant legal system in China is still not perfect.Thus,the article analyzes and studies the theory of family trust and its development status in China,discovers the legal difficulties faced by the development of family trust in China,and proposes corresponding countermeasures in combination with the actual situation in China.The text consists of an introduction,body and conclusion.In terms of the body portion,it contains the following four parts: Part I,theories related to family trust.This part defines the concept and legal characteristics of family trust,clarifies the basic elements that constitute family trust,and also details the functions of family trust,providing a theoretical pavement for the subsequent discussion.In the second portion,the current status of legislation and practice of family trust in China.This part analyzes the current legislative status related to family trust in China at this stage,and also analyzes the current practice status of family trust in China in conjunction with typical family trust cases in China’s practice.The third portion,the legal dilemma in the development of family trust in China.This part reveals that the main legal problems in China’s family trust system are: unclear ownership of family trust property,unsound family trust registration system,unclear rights and responsibilities of family trust parties,and lack of family trust taxation system.In the fourth portion,suggestions for improving the system related to family trust in China.This part gives corresponding countermeasures for the above legal problems: firstly,to clarify that the ownership of family trust property is vested in the trustee to ensure the independence of family trust property;secondly,to improve the family trust registration system,to adopt a registration model that is consistent with the current domestic ownership title registration effectiveness model,and gradually develop towards registration antagonism,and at the same time,to limit the scope of registration of trust property and Establish a unified trust registration agency.Again,to further clarify the rights and responsibilities of the parties to the family trust,to solve the problem of imbalance in the rights and obligations of the parties to the trust,and to set up a family trust protector to protect the rights and interests of the beneficiaries.Finally,to establish a taxation system for family trust,it is suggested that China should establish a trust taxation principle based on the conduit theory and supplemented by the entity theory,and treat the issue of tax avoidance of family trust with a correct attitude.
Keywords/Search Tags:family trust, wealth inheritance, trust property, trust registration
PDF Full Text Request
Related items