Abstract
The Civil Code provides that the beneficiary may be provided a performance from the trust fund. This performance is referred to in the law as the right to the fruits and revenues from the trust fund, or the right to property from the trust fund, or the share therein.
A definition of such performance and admissibility of other property rights to the assets of the trust fund have been discussed in the Czech legal theory only to a limited extent until now, although they are of a considerable practical relevance. Therefore, on the occasion of five years from the entry into force of the legal regulation of trust funds in Czech law, the aim of the present paper is to bring a detailed focus on defining the property rights of the beneficiary (rights to the performance to be provided to him from the trust fund).
These rights are marked as ius fruendi and ius adquirendi. The author concludes that the Civil Code does not foresee the possibility of constructing property rights directly to the trust assets, such as ius utendi, while their provision leads to at least weakened legal position of the beneficiary towards third parties.