David Kočí
Author’s affiliation: Regional Court in Ostrava

Trusts in private international law

Jurisprudence 3/2023 Section: Articles Page: 33-40

Keywords: trust, conflict of laws, applicable law, recognition

Abstract: This article aims to expound and analyse the trust legislation in the context of International Private Law, as well as to point out the deficiencies of the legal regulation and to propose possible solutions. The text not only interprets the statutory provisions contained in the Act on Private International Law but also analyses the European Private International Law and the Hague Convention on the Law Applicable to Trusts. Slight deficiencies have been encountered in national legislation, for instance, the incompatibility of the Act on the Register of Beneficial Owners, the Act governing private international law, and the Act on the Public Registers, when it comes to foreign trusts. Likewise, a conclusion has been made that Czech trusts are eligible for recognition in legal jurisdictions that are parties to the Hague Convention. In the end, a resolution has been proposed by the author to enact a directly applicable EU regulation on trusts containing the applicable conflict-of-law provisions.

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