| This paper is about of Void trust, It involves the essence of Trust at the first, insists that trust system is a kind of property system, once the trust is established, the trust property has virtual personality in law, is irrelative to the original owner, no longer belong to the trustor before the termination of the trust, this is the liberation, liberate the use of property. But the key is to respect the real intention of client to processing property, which argued for violation of laws and to avoid or relevant law. To the trustee, its the legal position of the trust property is similar to the legal representative of the company system.The provisions of the trust invalid situation would conform to this premise that trust system emphasizes the function of property management. Currently, the situation of Void trust are as follows: (1) the purpose of the trust violates laws (2) the purpose violates Public interest; (3) the purpose is to avoid debts; (4) beneficiary is not certain; (5) the trust could not realize because terms are not sure ; (6) Lack of qualifications of the client; (7)the purpose is to ask for payment of debt; (8) beneficiary is not qualified to the trust. Based on the eight types ,this article sparked some shallow thinking in the relevant laws and regulations of the void trust of our country, some Suggestions were put forward. If Trust system introduced to the guardianship system, a person who has been determined as one of legal incapacity or restricted legal capacity would get better protection. The trust which purpose is to avoid debts ought to be revocable and not be void. and there would be exceptions to the trust for litigation .Trust law would add something regulation about Declaration of trust . The trust property shall not be restricted by liquidity provisions. the beneficiary will would be respected in Protective Trust. |
