중국의 가족 신탁 수익인 구제권에 관한 법률 문제에 대한 연구 - 신탁법적 시각을 중심으로 -

Abstract

The right of remedy for beneficiaries of a family trust is a safeguard right granted by law to the beneficiaries of a family trust and is used to safeguard their legitimate interests when their rights are infringed. The right of remedy for beneficiaries of family trusts is provided for in the laws of both civil law countries and common law countries. Due to the different jurisprudential foundations of these two legal systems, their provisions on the right of remedy for beneficiaries of family trusts are different. China has transplanted the family trust system through unremitting efforts, but has not resolved the issue of conflict of law and integration of family trusts in its family trust legislation. As can be seen from the provisions on the right to relief in China’s Trust Law, the legislation on the right to relief for beneficiaries of family trusts in China suffers from problems such as the positioning of the right of revocation being contrary to the nature of the trust, the absence of ex post relief for restitution and damages and the overly strict provisions on the right of termination, which have a direct impact on the development of family trusts in China. Based on the Trust Law, this article examines and discusses the Chinese family trust remedy system in the context of the Trust Law. From a legal perspective, it examines the issue of family trust remedies, and specifically analyses the legislative shortcomings of the most important remedies of family trust remedies, such as the right to revoke, the right to request restitution and damages, and the right to settle. While drawing on and referring to the concept of the right of remedy for beneficiaries of family trusts in the common law system, the right of remedy for beneficiaries of family trusts in China is reshaped by combining the improvement and integration of the remedy for beneficiaries of family trusts in the civil law system, through measures such as clarifying the position of the right of revocation, strengthening the remedy of restitution and damages and relaxing the conditions for the exercise of the right of discharge.