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Of International Law Applicable to Trusts

Author: ZhengChuanXiang
Tutor: FengXia
School: China University of Political Science
Course: Legal
Keywords: Trust International Trust Trust Conflict of laws Applicable Law
CLC: D997
Type: Master's thesis
Year: 2011
Downloads: 114
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Abstract

Trust comes from the Anglo-American system of law, based on the specific credit-based property transfer and management system. Because of its great superiority and application performance space , they were transplanted civil law in some countries , such as Japan , Korea , China's and Taiwan . Of 2001 passed the \. However, due to legal traditions , socio-economic , cultural and other differences , two legal provisions concerning the trust system there is a profound conflict. This conflict is reflected in both the Trust theoretical conflict , more intuitive substantive law reflected differences in trust system requirements , including the validity of the trust , the legal status of parties to a trust , trust management and other matters. Legal conflict led International Trust Trust Trust force and the uncertainty of the legal status of the parties , hindering the international development of civil and commercial exchanges . Trust the lack of conflict rules , but also to bring to the Court on the law applicable to the difficulties , resulting in long-term litigation time and the uncertainty of the outcome of litigation . In order to enhance the stability of the International Law Applicable to Trusts and predictability , in 1984 the Hague Conference on Private International Law 15th meeting examined and adopted the \rules . At present, China has not yet acceded to the Convention , and the 2001 \In recent years, scholars of private international law has been committed to civil relations involving foreign law applicable Legislation. October 28, 2010 , the Eleventh National People's Congress passed the Seventeenth Meeting of the Standing Committee of the \Chapter XVII of the Act stipulates that \But through the provision of normative analysis and legal analysis , I believe that the provision regarding the applicable rules of international law of the trust simply too general , there is unscientific , unreasonable, after the commencement of the law needed to be passed to improve the legislative and judicial interpretation . This paper is divided into four chapters : The first chapter describes the origins and development of the trust system , summarize the basic characteristics of the trust system . Chapter II system by comparing the two legal entities Trust Law, International Trust summarize the performance and characteristics of the conflict . The third chapter examines two legal systems and the International Convention on the law applicable norms of international trusts to explore the complexity of applicable rules of the law of trusts and feasibility . Comments on Chapter IV of \

Of International Law Applicable to Trusts

Abstract

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