信托受益权法律问题论析

信托受益权是一种特殊的民事权利。受益权自信托生效之日或文件的规定而生效。实践中,“生效之日”还应区分具体情况根据有关规定来确定。对受益权的放弃,即便在信托行为中有关于禁止放弃受益权的规定,这一规定也属无效,信托受益人自始至终都享有该权利。信托受益权原则上可依法自由转让和继承,但是要注意受信托文件中限制性规定及相关规定。

Thinking about the Right to Benefit from Trust

The right to benefit from trust becomes effective from the date when the trust comes into effect or from the date as prescribed in the document.In practice,the effective date should be decided according to relevant rules based on specific situations.The beneficiary enjoys the right to abandon as long as he holds the trust and even if there is a provision that forbids the beneficiary to abandon the right in the trust documents,the provision is invalid.In principle,the right can be inherited and freely transferred in accordance with law,but relevant provisions and limitations in the trust documents should be taken into consideration.