Publication details

How (not) to change the (un)changeable?

Authors

RONOVSKÁ Kateřina PIHERA Vlastimil

Year of publication 2019
Type Article in Periodical
Magazine / Source Trusts & Trustees
MU Faculty or unit

Faculty of Law

Citation
Web
Doi http://dx.doi.org/10.1093/tandt/ttz010
Keywords Czech foundation law; ex post changes to foundation deedts; comparative law; Europe
Attached files
Description The aim of this article is to outline how the current Czech legal doctrine deals with one of the most problematic issues in foundation law, namely the issue of making ex post changes to foundation deeds, including a change of purpose. When dealing with this topic, we need to consider the lack of clarity of the current regulation, which was inspired by various (sometimes antithetical) conceptual approaches. It is likely that the direction of the entire Czech foundation law will be dependent upon how such legal issues are addressed. With a view to the general nature of the issue, an analysis of the Czech situation is relevant for other countries as well. For that reason, the discussion is based on the general framework of the current trends in the development of foundation law in Europe.

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