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Administration of property of others and trust

Publication at Faculty of Law |
2015

Abstract

Administration of property of others and trust constitutes a set of legal rules aiming to regulate the situation when someone manages the property of someone else. The sources of inspiration were similar regulations abroad, namely the treatment of fiduciary and trust funds in the Quebec law (cf. § 1260 - § 1370 CCQ).

Although it is possible to trace in the Czech trust legislation distinctive traits of Québec law, we cannot simply (i.e. without critical evaluation) be endorsing the findings of the local doctrine or case law, as far as the background (motives) of CCQ provisions are historically and contextually different. Systematically the legislation is ranked in sixth sub-part of the second head of the third part of OZ 2012, i.e. within the provision of absolute property rights, although in the foreign approaches we may also come across other solutions (some codes rank it between the obligation rights).