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Trusts in Private International Law
Pračková, Naďa ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Trusts in Private International Law The thesis is focused on comprehension of trusts and Czech trust-like sverenske fondy created voluntarily by the settlors (express trusts) in private international law. The aim is to provide a comparative study of the provisions of the Czech Act No 89/2012 Coll., Civil Code, Act No 91/2012 Coll., on Private International Law, and the Hague Convention of the Law Applicable to Trusts and their Recognition. The thesis is subdivided into three main chapters, introduction and summary. The second chapter reflects on historical development of Roman fideicomisses, common law trusts, as well as continental family fideisomisses. The third chapter slocer analyses the notion and characteristics of trusts and sverenske fondy in the Czech Republic, provides the reasoning behind the understanding of express trusts from the perspective of the European Union and the European Free Trade Association. The thesis further reflects on the characteristics and understanding the trusts in the provisions of the Hague Convention of the Law Applicable to Trusts and their Recognition. Fourth chapter is dealing with the conflict law provisions applicable with respect to trusts and their recognition in national, European and international level. The thesis analysis the provisions of the Act No...
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Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country)
Suchá, Ivana ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Private international law from a comparative perspective(comparison of a particular segment in Czech law and the law of a selected country) This thesis works with a comparison of conflict rules in the field of international family law in the Czech Republic and in the Federal Republic of Germany. It is focused concretely on questions of marriage, register partnership and adoption, in which is included an international element. The topic has been taken into account in addition to the national rules of international private law also rules at international and European level. Includes is also future progress in this field. Thesis is divided into eight chapters. The introduction is followed by first chapter, which deals with general classification of international family law as a part of international private law and their definition. Following chapter is focused on conflict rules, determingfactores which may be used to determine the applicable law. Included are terms as public policy, remise or transmise. Chapter three is about general definition of court's jurisdiction to hear the dispute with an international element. Fourth chapter is devoted to marriage, included are sources of legal regulation, jurisdiction of courts in matrimonial matters and comparison of conflict rules in the case of...
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Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country)
Pračková, Naďa ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Private international law from a comparative perspective (comparison of a particular segment in Czech law and the law of a selected country) The aim of this thesis is to compare the provisions of the Czech and Italian private international law respective to the issue of applicable law and recognition of trusts. The thesis is composed of six main chapters, introduction and conclusion. Second chapter refers to the historical concept of trusts with particular focus on the historical development in Czech legal system. Third chapter is focused on the notion of trust within the terms of the Act no. 89/2012 Coll., Civil Code and the Hague Convention on the Law Applicable to Trusts and on their Recognition as well as its unique implementation allowing creation of specific Italian trusts, so-called trusts interni. Fourth and fifth chapter are dedicated to the complex analysis of provisions of the Act no. 91/2012 Sb., on Private International Law and the Hague Convention, in particularly extent of the application, the choice of law, applicable law, change of law, depeçage, and recognition of trusts. European legislation overview and possible grounds for further development are described in the sixth chapter. Seventh chapter describes practical aspects of the applicable law and recognition of trusts.
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