European Review of Private Law

Volume 24 (2016)

Volume 24 (2016) / Issue 6

Lionel Smith, 'The Duties of Trustees in Comparative Perspective' (2016) 24 European Review of Private Law, Issue 6, pp. 1031–1052

trusts, comparative law, common law, civil law, loyalty, fiduciary, duty of care, duty of prudence


The new Czech Civil Code (CCC) includes a trust that was inspired in part by the trust of Quebec law. This article provides a comparative overview of the duties of trustees, looking at their conceptual organization and their strictness, as well as the extent to which such duties are mandatory or can be altered by private legal act. The article begins with an overview of trustees’ duties in the common law, emphasizing those characteristics that are particular to the law of trusts, and then compares these with the civil law of Quebec. It concludes with some brief comments on the law of the Czech Republic.

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ISSN: 0928-9801
ID: ERPL2016062