Abstract
The article deals with the basic issues of the trust fund, a legal institute that was adopted into the Czech legal system (Civil Code) from the Civil Code of the Canadian province of Québec, without the relevant legislation being adapted to the context of the Czech legal system. This is in particular the issue of the so called subjectless property, or property without an owner, a concept that has considerable opponents in the country of its origin and has been vehemently criticised since the emergence of this paradigm in the 1930s.
The consequences of the Czech implementation cause, for example, difficulties in insolvency proceedings. The authors therefore propose that the trust be granted legal personality so that the assets placed in it have their own owner.