Research On The Testamentary Trust System

Testamentary trust, refers to the testator, in the form of a will to their wishes to establisha trust, in will take effect after the trustee disposes of the trust property according to the willof a content management system, and the heir to benefit. It has one advantage of propertymanagement and inheritance system, get the favour of all countries in the world, by allcountries, to become an integral part of financial capital markets and private inheritance, isno exception to the introduction of this system in our country, the development of theory andpractice development is on the rise.People try the testamentary trust system especially in assets huge crowd, but it alsoexists many problems in theory and practice aspects, cause the testamentary trust system hasnot been widely used in home. First, the ideological level in China don’t want to talk aboutafter the death of, this is people’s ideological concept of bondage. Second, the theory leveltestamentary trust system is the product of import, Anglo-American law system, nowadaysthe localization of the testamentary trust theory research is insufficient, lack of the process oflooking for local resources. And only highlight with the introduction of the system ofcommon law countries, and the lack of study of civil-law countries following thetestamentary trust. Again, in reality level problems to be solved is how to turn a better aftertransplant localization system into their system, and the inheritance law of the trust lawconflict how to solve, such as unclear property right ownership, set up time provisionsinconsistent, trust registration effect and efficiency of the trust concept. Although in the end,it ought to be "on it in the regulation of our country generally trust can be used in thetestamentary trust, testamentary trust as a kind of civil trust and general trust has its specialplace, so special of testamentary trust shall be perfect, terms such as the lack of trust in, inviolation of the provisions of the true points when the system, lack of the limitation on theduration of testamentary trust, set up form a single, etc.Aiming at the problems above, can be solved from the following four aspects: first, theintroduction of living will substitute the trust system, the specific measures can draw lessonsfrom the Japanese living wills inter-replaceable trust system and living wills system types of special trust as a testamentary trust in our country. It can solve the Chinese don’t want to talkabout, after the death of such a testator in can get benefit and heir to continue after the deathof its benefit. Second, the use of local resources of testamentary trust in our country to solvethe theoretical problems, such as the executor of system in Germany can be very good toachieve the effect of the testamentary trust can draw lessons from, thus can expand ourexecutor system and cause the calibration system of library in the history of our country.Third, coordinate the conflicts of the current laws and regulations to solve the problem ofreality level. Can clear the terms of the trust property rights, sets up the behavior of theunilateral nature, restore the testamentary trust registration should be taken to fight againstsocialism as a testamentary trust effect of elements. Fourth, improve testamentary trustsystem into the way to solve the problems ought to be level. Concrete can increase the termsof the trust in violation of the provisions of yes true of system, increasing the testamentarytrust, the duration of the provisions of the increase, set up in the form of a testamentary trust.