신탁수익자 지정권과 변경권에 관한 고찰

A Study on rights of an appointment and a modification of beneficiary in trust : focus on the draft revision of the Trust Act

The government introduced the draft revision of the Trust Act into the Parliament in Feb. 24, 2010. Although the purposes and meanings of this revision is very variety, the reform bill includes a concept of innovative system for a revitalization for the civil trust. The bill §58(trust power etc), §59(Living Trust for Will Substitute), §60(trust for beneficiary in succession) are a notable example. This paper will be examined with the point at issue of the Trust Act and the draft revision §§56, 58. Especially, in dealing with this issue, I make a comparative study Japanese Trust Act §89 which has had an effect on our the draft revision of the Trust Act §58. I inquire into the Trust Act and the draft revision §§56, 58 and point out several problems in the view of this comparison. And I suggest my draft of the revision of the Trust Act §§56, 58 to solve these problems. this paper is made up of:(1) The method of exercising rights of an appointment and a modification of beneficiary in trust (2) Trustee’s duty to notify a beneficaiary and a ex-beneficiary (3) Succession and inheritance of rights of an appointment and a modification of beneficiary in trust.