Charles Explorer logo
🇬🇧

Ownership Without Owner in the Czech Trust

Publication at Faculty of Law |
2023

Abstract

The article deals with trust as a new institute in the Czech legal system, the regulation of which was essentially taken from the Civil Code of the Canadian province of Québec. It is based on the so-called subjectless ownership, i.e. the concept of a Quebec scholar published in the 1930s, which, however, was also abandoned even by its author.

It is inferred that this category is a non-living artificial concept, since every subjective right relates to a person, i.e. a subject who benefits from this right and can dispose of it, especially with its individual components. The approach of the Czech legislator is criticized, which did not take into account some provisions of Quebec law that modify the handicap of this institute and further overlooked the context in which the trust operates in Czech law.