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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
Trust in the context of inheritance law
 Kofroň, Martin ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
127 Trust in the context of inheritance law Abstract The subject matter of this doctoral viva voce dissertation are two fiduciary institutes brought into Czech private law by the new Civil Code effective from January 1, 2014 - i.e. the Trust Fund and the Trust Succession (Fideicommissary Substitution). The dissertation contains an analysis of the legislation in force applicable to both institutes concerned against the background of the historical development of fiduciary relations and a comparison of foreign legislations applicable to trust and fideicommissary substitution. The institute of Trust Succession has returned to Czech law after fifty years. In the case of a trust fund, which mixes elements of property and contractual law, it is the implementation of the traditional Anglo-Saxon legal institute into the Continental legal environment, which in itself brings a number of hermeneutical and application challenges. These challenges are highlighted by the concept chosen by the Czech legislator, which consists in following the Quebec model and constituting a depersonalized property allocated for a certain purpose. The focus of the dissertation is to confront the legislation governing the aforesaid fiduciary institutes with the provisions of the applicable inheritance law, in particular from the point of...
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Trusteeship in the context of inheritance law
 Kofroň, Martin ; Lederer, Vít (referee)
Trust in the context of inheritance law Abstract The subject matter of this doctoral viva voce dissertation are two fiduciary institutes brought into Czech private law by the new Civil Code effective from January 1, 2014 - i.e. the Trust Fund and the Trust Succession (Fideicommissary Substitution). The dissertation contains an analysis of the legislation in force applicable to both institutes concerned against the background of the historical development of fiduciary relations and a comparison of foreign legislations applicable to trust and fideicommissary substitution. The institute of Trust Succession has returned to Czech law after fifty years. In the case of a trust fund, which mixes elements of property and contractual law, it is the implementation of the traditional Anglo-Saxon legal institute into the Continental legal environment, which in itself brings a number of hermeneutical and application challenges. These challenges are highlighted by the concept chosen by the Czech legislator, which consists in following the Quebec model and constituting a depersonalized property allocated for a certain purpose. The focus of the dissertation is to confront the legislation governing the aforesaid fiduciary institutes with the provisions of the applicable inheritance law, in particular from the point of view...
Detailed record

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