The Legal Application Path Of Testamentary Trust In China

The testamentary trust system originated in the United Kingdom in the thirteenth century,and has been transplanted and applied by many countries.It is a legal system that effectively protects the inheritance of family wealth and protects the private property of citizens.The new provisions on testamentary trust in the Succession Chapter of my country’s Civil Code fully reflect the respect for the autonomy of the deceased.In fact,my country’s "Trust Law" has already established the testamentary trust system and included it in my country’s legal system.Therefore,our country’s testamentary trust spans the field of trust law and the category of succession,but the trust law or the succession chapter of the Civil Code does not make detailed provisions on testamentary trust,which makes the practical application value of this system doubtful,and it is even more difficult to play in judicial practice.its due system benefits.It is under this background that this paper analyzes the application path of testamentary trust in my country,and explains the legislative defects of testamentary trust under the background of the implementation of the Civil Code.Make specific recommendations for improvement.This paper mainly adopts the methods of literature materials,comparative research,case analysis and other methods to deeply explore the theoretical disputes of testamentary trusts in my country,the existing legislative models and the status quo of judicial practice.The full text is divided into five parts:First,the introduction.It expounds the research backgrou nd and significance of the paper,analyzes the current research status at home and abroad,and proposes the research content and research methods of the full text;secondly,it determines the core concept of the paper-testamentary trust,and conducts in-depth research on the theoretical disputes of testamentary trust in my country;here Based on the analysis of the legislative model of my country’s trust wills system,including "trust law model","succession law model" and"combination of trust law and inheritance law model".The judicial precedents of testamentary trust in the past two years are retrieved and judged through the China Judgment Documents Network,which serves as the basis for the later study of the defects of the legal system of testamentary trust in my country.The legislative system in the legal system countries is based on the beneficial experience of the legal protection of testamentary trusts in the United Kingdom,the United States,Japan and other countries.The research of the full text puts forward the following conclusions:the current testamentary trust system in my country urgently needs to improve its trust establishment mechanism.On the basis of enriching the forms of trust establishment,the establishment and validity requirements of testamentary trusts should be reasonably set;Attributes of rights,supplement the provisions on separate management of property;design the normative path for testamentary trustees,clarify the selection criteria of trustees,refine the legal obligations of trustees,and add legal responsibilities of trustees;strengthen internal and external supervision of testamentary trusts,and introduce wills Trust supervisor system,and strengthen industry supervision.