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Trust in the Czech Republic
Filipová, Silvie ; Sedláček, Jiří (referee) ; Brychta, Karel (advisor)
The diploma thesis „Trust in the Czech Republic“ deals with new institute in Czech law legislation. The first part is focused on theoretical knowledge of the Trust Fund, it is history and similar institutions based abroad. The second part deals with the process of establishment of the Trust and show methodical instructions for the system of taxation of income related to the operation of the Trust Fund.
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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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Trusts in private international law
Kočí, David ; Pfeiffer, Magdalena (referee)
114 TRUSTS IN PRIVATE INTERNATIONAL LAW ABSTRACT This thesis aims to expound and analyse the trust legislation in the context of International Private Law as well as to describe its key features in Czech Private Law for particular purposes. The first chapter summarizes the development of trust and description of its historical forms. The second chapter is dedicated to the thorough description of Czech substantive law on trusts governed by the Civil Code and the legislation contained in Act on the Public Registers of Legal and Natural Persons and on the Register of Trusts and Act on the Register of Beneficial Owners. Slight deficiencies have been encountered in national legislation, for instance, the incompatibility of Act on the Register of Beneficial Owners, Act governing private international law, and Act on the Public Registers of Legal and Natural Persons and on the Register of Trusts when it comes to foreign trusts or the unsatisfactory regulation of the administration of trusts by legal persons. The third chapter, devoted to the Private International Law, not only interprets the statutory provisions contained in the Act on Private International Law but also analyses the European Private International Law and the Hague Convention on the Law Applicable to Trusts and on their Recognition from 1985. In...
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Tax aspects of trust funds
Berr, Jan ; Vybíral, Roman (advisor) ; Vondráčková, Pavlína (referee)
Tax aspects of trust funds Abstract Since 2014 the Czech legislation allows establishment of trust funds, through which assets from the ownership of the founder or another person can be set aside for private or public benefit purposes. Such property becomes property without an owner, and is subject to the disposition of the trustee. Trust funds have become more popular especially in the last four years and therefore the tax implications are also gaining importance. It is no longer a fashionable topic, but a topic with practical use. The diploma thesis is focused on the tax aspects of domestic trust funds with a description of individual topics related to domestic taxes in this context. At the same time, here are also described the tax topics dealt with in the past by the professional public here, especially during the first years of the implementation of the trust fund institute into the domestic legislation. The diploma thesis is divided into four main parts. The first part provides a basic analysis of amount of trust funds established from 2014 to August 2022, as well as general legal topics related to the trust fund (establishment, operation, termination), the related duties of the trustee and others, such as the registration of trust funds and registry of beneficiaries. The second, third and fourth part...
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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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Trust as a legal implant
Benešová, Martina ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
117 Abstract Title: Trust as a legal implant Subject of this thesis is a trust and its implementation in the Czech law. The fundamental question behind this thesis is whether it is possible to successfully implement common law trust in continental legal systems. In recent decades, a number of new legal institutions have appeared in Europe, falling into the category of so-called fiduciaries, which fulfil the functions of a trust. Therefore, it is appropriate to assess how to incorporate this institution into our law so that it does not disrupt the local legal system and at the same time does not lose its elementary attributes. The first chapter is focused on historical forms of trust in Europe, starting with Ancient Rome, through the Middle Ages to modern fiduciary forms in Czech law. The content of the second chapter is focused on a comparison of foreign forms of trust. In the first part, an analysis of the legal regulation of the common law trust and its historical predecessors is processed and a comparison is made with historical European trust forms. Other parts deal with the study and comparison of the current trust structures of some European countries, namely France, Germany and others. The subject of the third chapter is an analysis of the legal regulation of the trust of the Canadian province of...
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Trusts in private international law
Kočí, David ; Zavadilová, Marta (advisor) ; Pauknerová, Monika (referee)
114 TRUSTS IN PRIVATE INTERNATIONAL LAW ABSTRACT This thesis aims to expound and analyse the trust legislation in the context of International Private Law as well as to describe its key features in Czech Private Law for particular purposes. The first chapter summarizes the development of trust and description of its historical forms. The second chapter is dedicated to the thorough description of Czech substantive law on trusts governed by the Civil Code and the legislation contained in Act on the Public Registers of Legal and Natural Persons and on the Register of Trusts and Act on the Register of Beneficial Owners. Slight deficiencies have been encountered in national legislation, for instance, the incompatibility of Act on the Register of Beneficial Owners, Act governing private international law, and Act on the Public Registers of Legal and Natural Persons and on the Register of Trusts when it comes to foreign trusts or the unsatisfactory regulation of the administration of trusts by legal persons. The third chapter, devoted to the Private International Law, not only interprets the statutory provisions contained in the Act on Private International Law but also analyses the European Private International Law and the Hague Convention on the Law Applicable to Trusts and on their Recognition from 1985. In...
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The legal nature of a trust (legal and comparative analysis)
Urban, Ondřej ; Beran, Karel (advisor) ; Ondřejek, Pavel (referee)
59 ENGLISH ABSTRACT The purpose of this thesis is an interpretation of English trust law, including historical context and comparative application of the acquired knowledge on the Czech legal institute of "svěřenský fond". A critical assessment of the legal regulations governing "svěřenský fond" is followed by theoretical consideration of its legal nature. The work, except the introduction and conclusion, is divided into four main chapters, with the first chapter dealing with the historical roots of the trust. The reader will become familiar with the Roman fideicomissum, the English legal institute called "use" and its influence on the emergence of the law of equity. She will also learn how use turned into trust and what the economic reasons for such a change were. The second part defines the English trust, describes it and clarifies the three main conditions for its creation under applicable law - the three certainties. Further, it will explain who the settlor, trustee and beneficiary are, along with their rights and obligations. It also focuses on the three main types of trusts. Express trusts, created by an act of the settlor and the resulting and constructive trusts, which are created by decision of the courts. The third chapter concerns itself with the "svěřenský fond", as stipulated by the Czech Civil...
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"Svěřenský fond" - institute of intergenerational wealth preservation and succession
Skuhrovec, Michal ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
"Svěřenský fond" - institute of intergenerational wealth preservation and succession Abstract Thesis named "Svěřenský fond - institute of intergenerational wealth preservation and succession" is dedicated to describe institution of "svěřenský fond" from the perspective of a potential alternative or addition to a more traditional institutions of inheritance law. The aim of the thesis is to describe primarily its use to a purpose of family wealth preservation and succession. In order to fulfill this goal, the first part of the thesis analyses how fiducie/trust of Quebec made its way into Czech legislation. Main matter being the consequences adoption of a patrimony by appropriation caused. Second part follows historical roots of fiduciary institutes. It finds a persistent need for very similar fiduciary, trust-like institutes throughout history. The goal stays the same, a desire of families to preserve their wealth. Historical analysis, using an evolutionist paradigm, finds similarities between trust, modern fiduciary institutes and "svěřenský fond" which simply cannot be unseen. Based on this findings a hypothesis of a common ancestor is construed. Third part describes a newly acquired construction of trust-like institute, which was unseen in Czech law until 2014. It focuses on a result of transplantation of...
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Taxation of Trust Fund
Karas, Ladislav ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
The Trust Fund is for the Czech law a completely new institution, therefore its deeper legal examination and interpretation of its individual provisions is just at the beginning. It is generally regulated by the Act no. 89/2012 Sb., the Civil Code, as amended. The essence of the Trust Fund lies in the fact that the Settlor separates a specified part of his property and entrusts it to some purpose. This creates a separated property, to which has the original owner (the Settlor) no ownership rights. Management of this separated property performs the Trustee. However, he has no ownership of this property. Property in the Trust Fund does not belong to anyone, but the Trustee can dispose of it. The aim of this thesis is to comprehensively summarize and analyze the taxation of the Trust Fund according to the regulation applicable in 2014 and also after its revision in January 2015. The thesis identifies the problems and uncertainties in taxation of Trust Fund. It explains how these problems were solved by the revision of the Tax Law and in case of persisting uncertainties proposes solutions de lege ferenda. The thesis is divided into two main parts. The first part deals with the institution of Trust Fund. There is explained its essence, function and obligatory requirements. The second, main part of this thesis...
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