The Saunders v Vautier principle is one of the most fundamental principles of English trust law. This article discusses whether, as a result of the principle of Saunders v Vautier, the beneficiaries of the Czech trust-like instrument have similar rights to those of the beneficiaries of the English trust.
It is suggested that it is not only civil law countries, but also some common law countries, that do not fully respect this principle. Therefore, there clearly exists a diversity of opinion regarding the question of whether beneficiaries should or should not have rights that prevail over the intentions of the settlor.
This article focuses on supporting this principle and, in this light, puts forward a number of justifications for its incorporation.