Research On The Trustee System Of Testamentary Trusts In My Countr

The trustees as the most important role in the legal relationship of the testamentary trust,to effectively meet the needs of the client’s personal property management,its behavior affects wills trust’s operations and achievement of the purposes of the trust.By the law on trusts,the Trust Company Management Rules,the Civil Code and other laws and regulations,and the trustee of the will of our country-related case studies,you can see that China has initially formed the system of testamentary trustee,However,the law lacks maneuverability,which in practice both the natural and the trust companies act as trustee of the will of the cases are very rare,imperfection of the legislation will also lead to trust system difficult to promote.Because the law does not stipulate the ownership of the trust property,it cause the trustee in a very embarrassing position.In China,although the trustee of the trust property does not have ownership,but actually under the trustee’s thumb,it should be regulated by establishing obligations and clarifying civil liabilities.It is regrettable that,for the trustee’s obligations in the legislative norms and provisions of the civil liability are too general,and cannot give effective guidance,In addition,there is no corresponding supervision mechanism,which increases the risk of trustees abusing their power.Meanwhile,in the appointment of new trustees of testamentary trusts,legislation requires beneficiaries and their guardians to elect new trustees of testamentary trusts,and the beneficiaries often choose the trustee that is beneficial to them,which is prone to break the trust legal relationship of testamentary trusts,which is also inconsistent with the trustor’s wishes of the principal before life.All of the above system of exposing that there are still a host of shortcomings in the trustee system of testamentary trusts.On the basis of learning from the trustee system of testamentary trusts outside the territory,it should be combined with China’s specific reality.We should consider the ownership of testamentary trust property,improve the system for the selection and appointment of testamentary trust trustees,clarify the trustee’s prudent investment obligations,improve the personal responsibility of testamentary trust trustees,and strengthen the supervision mechanism of testamentary trust trustees.The thesis discusses from the following parts,in order to make the trustee system of testamentary trusts stability and long-term development.The first part is from the basic theory of trust and its trustees of the will of the system,analysis of the cause of the testamentary trust system and the value it reflects in the Civil Code provisions in China,and analyzes the admission qualifications,the lawful rights and legal obligations of testamentary trust trustees.The second part is grooming the current status quo of China’s legislation of the trustee system of testamentary trusts will,from both the natural person acting as trustee and trust companies acting as trustee of two angles,expounded China’s wills trust-related cases.The third part analysis of the current deficiencies of the system in detail,unclear ownership of testamentary trust property,unreasonable selection and appointment system of testamentary trust trustees,poor operation of care obligations,incomplete provisions on civil liability,and supervision mechanisms are absent.The fourth part examines the trustee system of testamentary trusts of the United Kingdom,the United States,Japan,and describes the writer’s inspiration learn from extraterritorial experience.The fifth part is mainly based on the shortcomings of the existing system,and provides targeted suggestions from five aspects: the ownership of testamentary trust property,the selection and appointment system of testamentary trust trustees,the obligation of prudent investment,civil liability,and the supervision mechanism.