Study On Legal Application Of International Fiduciary Law

Derived from the'Use'of Britain, trust has been established formally through Britain Equity Court affirming its force. Due to its outstanding flexibility and financial capacity of collecting free social asset frequently in a short time, many countries have introduced it in their domestic market. The development level of trust in every country is different and the level in the common law countries is much higher than the civil law countries generally. Because every fiduciary country has differences in establishing requirements, validity and fiduciary parties'rights and responsibility, gathering with the severe divergence of views on the quality of fiduciary assets, the conflict of international trust law is merging. The common law countries have set up the application rules of international trust laws one after another to settle these conflicts, such as the doctrine of the autonomy of the parties, theory of the most significant relationship, division and so on, while the civil law countries have not formed the similar regulations. Hague Conference on Private International Law in 1985 passed the"Hague Convention on the Law Applicable to Trusts and on Their Recognition", and regulated the international law applicable to trusts, promoting the global legislation on trusts. This article has divided four parts to analyze conflicts and applications of the international trust. The aim is to find an available way for our country to establish the law applicable to the international trust, by analyzing the legislations in other countries and convention.The first part introduced the basic theory of the trust mainly from four aspects. Trust derived from Britain, while some scholars'point is from Roman time. Actually, the Legacy Trust in Roman time is not an intrinsic trust, just another form of the legacy. Trust of American developed in a period of great prosperity, and then become prevalent in civil law countries like Japan and Korean. Fiduciary countries have the different definitions of the trust; mainly in the establishment on the trust relationships and the diversion of fiduciary assets. Trust is a special law and owns some characters like independence, the division of the property and beneficial power. With the increasing financial communication, trust began to set up among different countries and international trust formed.The second part gives a detailed analysis on causes and external manifestations of conflicts of international trust law. The trust developing histories in the fiduciary countries are not the same, nether the legal institutions and the Recognition of trust, leading to the creation of conflicts, which reflect in the trust types, rights and responsibilities of fiduciary parties and so on.The third part told the application regulations of international trust laws in civil law countries and common law countries respectively, and overviewed a brief introduction of the"Hague Trust Convention"centralizing on the background of the Convention. Finally, the writer concluded the mainstream principles in the application regulations of international trust laws, such as the doctrine of the autonomy of the parties, theory of the most significant relationship, division and so on. The convention formed a unified application legal system on international trust law by consulting different trust rules in all fiduciary countries, trying to set up a communicating way between the different fiduciary countries.In the last part, giving some available suggestions to establishing the legal system of the application regulations of international trust laws in our own countries is the point. The analysis of convention and legations of other countries sum up several reference principles that can be used in our international trust law, together with analyzing the provision of trust in Law of the Application of Law for Foreign-related Civil Relations of the People's Republic of China. At last, joining into the"Hague Trust Convention"is positive.