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Use of the Fiduciary Fund in Commercial Relations
Presová, Sabina ; Josková, Lucie (advisor) ; Čech, Petr (referee)
Use of the Fiduciary Fund in Commercial Relations The subject matter of this thesis is the analysis of the possibilities of the Czech fiduciary fund to take part in business in any way or form. The vast body of work is concerning its interpretation and characteristics. To achieve this goal, after a thorough preliminary analysis and selection of the relevant sources, the thesis lays out the most crucial legal questions and areas of interest in which the current legal doctrine is not that much keen on answering. The thesis is divided into an introduction, four parts and a conclusion. After a brief general introduction and an outline of the goals follows a classification of Czech authors of legal doctrine analysing their opinions on the Czech fiduciary fund and their difference of interpretations. The first part is dedicated to commercial and business potential of fiduciary fund based on wide possibilities of use of the trust of the Civil Code of Québec. The extensive second part discusses the relationship between commercial plant and Czech fiduciary fund following the relationship between capital company and Czech fiduciary fund. At the end of the second part the thesis describes the possible ways of operation of the commercial plant with the participation of the Czech fiduciary fund. In the third...
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Specific aspects of using trusts in business relations
Adámková, Nikola ; Černá, Stanislava (advisor) ; Tomášek, Petr (referee)
The main aim of this thesis is at examining and describing the legal conditions and limits of the use of trusts in commercial relations, primarily the advantages that trusts can offer to commercial relations and the possible difficulties of their legal regulation. The thesis is based on the fact that the current legislation does not contain special provisions regulating the specifics related to the existence and activities of a commercial trust. It is the absence of explicit regulation and relevant case law, as well as the lack of Czech legal literature focused on commercial trusts, that lead the author of this thesis to use foreign literature, not only to describe and answer some of the uncertainties associated with the current legal regulation of trusts, which are most evident in their involvement in commercial relations. The first part of the thesis contains a brief description of the history of the institute of trust, which originally developed as an institute for the preservation and maintenance of family property and as a more flexible alternative to the inheritance law. The history of the trust helps to understand why the use of trusts in commercial relations is not particularly developed in the Czech legal environment, in contrast to the renewed use of this institute in family relations....
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Business Trust
Horejšová, Aneta ; Josková, Lucie (advisor) ; Černá, Stanislava (referee)
Business Trust This diploma thesis deals with the designation of the trust as a possible operator of a business enterprise, and so its use as an equivalent of a business corporation. The main goal is to compare these two entities in their differences and to find out whether the operation of the enterprise through the trust can be attractive for its settlor and what will be the advantages and disadvantages of this arrangement. The thesis is divided into seven chapters, including the introduction and the conclusion. After the introduction to the diploma thesis, the second chapter deals with a brief outline of what the trust is and the complexity of its legal regulation. It continues with a brief overview about the existence and functioning of the trust under the Czech Civil Code. The third chapter defines the trust as a business entity. It deals with the trust as an entrepreneur in business relations, and outlines settlor's possibility of anchoring business operations to the trust and conveying the necessary assets. The fourth chapter compares some interesting aspects of business corporations with their possible equivalents in the trust, thus outlining conformities and differences in their functioning. In particular, the differences between the contributions to the registered capital and the...
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