According to the provisions of the Trust Law in China,although the right to modify a trust re-fers to the theory of changed circumstances in the civil law,the reality in the field of trusts prioritizes the interests of beneficiaries over transactional fairness.Apart from the specified trust management meth-ods,trustees,and beneficiaries,other rules for modifications lack explicit mention.Hence,for future amendments to the Trust Law,there should be the establishment of unified rules governing trust modifica-tions,coupled with provisions tailored to China's specific circumstances,creating a comprehensive frame-work for trust modifications.Additionally,legal provisions should bolster the recourse available to trustees,addressing the current predicament where trustees are unable to seek withdrawal or modify the trust.
modification of truststheory of changed circumstancesright of trustees
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