European Review of Private Law

Volume 24 (2016)

Volume 24 (2016) / Issue 6

Lucie Josková, 'Position of a Trustee: The Capacity to Be a Trustee and a Trustee’s Duty of Care' (2016) 24 European Review of Private Law, Issue 6, pp. 1075–1090

Keywords:
Czech law of trusts; capacity to be a trustee; trustee´s duty of care; professional trustee; non-professional trustee

Abstract

On 1 January 2014, the regulation of trusts, inspired by the regulation of the Canadian province of Quebec, became part of Czech law. This article deals with two aspects of the regulation from the position of the trustee: the capacity to be a trustee and the dependence of the trustee´s duty of care based on their (non-)profession. In this respect, the Czech regulation is assessed in the context of foreign regulations. The Czech regulation of the capacity to be a trustee allows any natural person on one hand and only a restricted number of regulated legal persons on the other hand to act as a trustee is found to be justified. On the contrary, the lack of differentiation between a professional and non-professional trustee with regard to their duty of care in Czech law is considered unsatisfactory and worth improving.

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ISSN: 0928-9801
ID: ERPL2016064