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Trusts with special regard to their foundation and administration
Střeleček, Tomáš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Trusts with special regard to their foundation and administration Abstract The purpose of my thesis is to analyse foundation and administration of trusts in the Czech Civile Code with respect to the main theoretical issues such as essencialia, naturatia and accidentalia negotii of the primary foundation legal document with is called "statut". I also concentrate on the status of beneficiary, but mainly on the rights and duties of the administrator of the trust. The reason for my research is to develop a system concerning the elementary questions relating to the legal life of the trust, to tackle main theoretical problems and to distinguish between significant phases of its existence and its admninistration. The thesis is composed of three chapters, Chapter Two being most detailed. Chapter one which is subdivided into three parts is dealing with preliminary questions such as the concept of trust and its history and international variation of similar institutes such as fiducie, treuhand and common law trust. Chapter One is introductory and defines the concept of trust: it is quasi legal subject made of structure of rights and duties towards autonomous assets and of rights and duties concerning its administration in largo sensum. Chapter Two examines relevant Czech legislation involving trusts, primarily the...
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Trust fund in Business Relations
Sýkora, Milan ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Trust Fund in Business Relations Author: Milan Sýkora Supervisor: prof. JUDr. Stanislava Černá, CSc. This diploma thesis deals with transplantation of trusts into the Czech Civil Code in the form of "svěřenský fond" (fiduciary fund) and with possibilities of this instrument in the world of commerce. The essential question is whether svěřenský fond is capable of replacing Anglo-Saxon trust in the following standard financial transactions: (i) syndicated loans, (ii) issues of bonds, (iii) subordination, (iv) securitization and (v) collective investment. In total, this thesis comprises of seven chapters, including the Introduction and the Conclusion. After an introduction, uncommonly, a prologue follows. This Prologue outlines a new, unusual instrument of the Czech law - svěřenský fond. It refers to the particular legislation and outlines questions that arise with this recently transplanted device. The third chapter defines trust using comparative law and deals with its historical development both on the British Islands and in the civil and mixed jurisdictions. The second subchapter argues that the so-called obstacles of trust reception into civil law are not based on solid arguments. Further, I describe experience of trust reception in selected civil law and mixed jurisdictions. In the fourth...
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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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Trusts with special regard to their foundation and administration
Střeleček, Tomáš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Trusts with special regard to their foundation and administration Abstract The purpose of my thesis is to analyse foundation and administration of trusts in the Czech Civile Code with respect to the main theoretical issues such as essencialia, naturatia and accidentalia negotii of the primary foundation legal document with is called "statut". I also concentrate on the status of beneficiary, but mainly on the rights and duties of the administrator of the trust. The reason for my research is to develop a system concerning the elementary questions relating to the legal life of the trust, to tackle main theoretical problems and to distinguish between significant phases of its existence and its admninistration. The thesis is composed of three chapters, Chapter Two being most detailed. Chapter one which is subdivided into three parts is dealing with preliminary questions such as the concept of trust and its history and international variation of similar institutes such as fiducie, treuhand and common law trust. Chapter One is introductory and defines the concept of trust: it is quasi legal subject made of structure of rights and duties towards autonomous assets and of rights and duties concerning its administration in largo sensum. Chapter Two examines relevant Czech legislation involving trusts, primarily the...
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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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Trust fund in Business Relations
Sýkora, Milan ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Trust Fund in Business Relations Author: Milan Sýkora Supervisor: prof. JUDr. Stanislava Černá, CSc. This diploma thesis deals with transplantation of trusts into the Czech Civil Code in the form of "svěřenský fond" (fiduciary fund) and with possibilities of this instrument in the world of commerce. The essential question is whether svěřenský fond is capable of replacing Anglo-Saxon trust in the following standard financial transactions: (i) syndicated loans, (ii) issues of bonds, (iii) subordination, (iv) securitization and (v) collective investment. In total, this thesis comprises of seven chapters, including the Introduction and the Conclusion. After an introduction, uncommonly, a prologue follows. This Prologue outlines a new, unusual instrument of the Czech law - svěřenský fond. It refers to the particular legislation and outlines questions that arise with this recently transplanted device. The third chapter defines trust using comparative law and deals with its historical development both on the British Islands and in the civil and mixed jurisdictions. The second subchapter argues that the so-called obstacles of trust reception into civil law are not based on solid arguments. Further, I describe experience of trust reception in selected civil law and mixed jurisdictions. In the fourth...
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