Analysis Of The Constructive Trust And Legal Transplant

The trust originated in ancient Roman law.The trust system originated from the Use system in England around the 13 th century,modern trust system was introduced into the United States in the early 19 th century,and developed rapidly.The trust is a special property management system and juristic act.The trust has great elastic space in the function of property transfer and property management,which is not possessed by other similar legal systems.The implementation of the trust act of China,marking the formal introduction of trust system into China,has become one of the important measures to establish and improve property system and civil legal system.However,the trust law of China has not been modified since its promulgation.And there is no relevant judicial interpretation so far.With the complex and in-depth economic exchanges,there are many new property rights disputes in modern society,and the disposal of property rights presents diversified development.The trust law is a law of succession.The lag of current trust law and some defects begin to be exposed.For example,the law does not stipulate the legal consequences of the invalid trust,and the allocation of residual property after the termination of the trust is not described by the law.The constructive trust is now become a reasonable choice to solve these problems.Today,the constructive trust system is one of the most attractive systems in the Anglo-American legal system,with the advantages of flexible diversity and high flexibility,widely used in the Anglo-American law to solve the ownership dispute in the process of property transfer and management.If the constructive trust can be introduced into the civil legal system,it will provide a new way to solve all kinds of property rights disputes and provide more adequate relief to the right holders.The successful docking of the constructive trust system and our civil law system will provide a fairer and more effective solution for dealing with the property rights disputes in the judicial practice of our nation.