Abstract
The purpose of this thesis is an interpretation of English trust law 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, is divided into four main chapters, with the first chapter dealing with the historical roots of the trust: the Roman fideicomissum and the English legal institute called "use" and its influence on the emergence of the law of equity. 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, resulting and constructive trusts. The third chapter concerns itself with the "svěřenský fond", as stipulated by the Czech Civil Code.
The chapter explains its creation and the instruments used to do so, its articles, the separation of the fund's assets and also its purpose. It deals with the individual persons as well: "zakladatel" (settlor), "svěřenský správce" (trustee) and "obmyšlený" (beneficiary).
It also subjects it to comparison with the English trust and comments on some of its aspects. The fourth part of this thesis, using a theoretical definition of the essential attributes of a legal person, is trying to argue that the "svěřenský fond", as stipulated, is neither a contract nor a right in rem, but a legal person.
It conforms with all the attributes that legal theory requires in a legal person: unambiguous identification, the ability to legally act and to bear legal liability. It concludes, however, that the Civil Code does not grant legal personality to the fund.