Comparative Corporate, Foundation and Trust Law

The aim of the Ph. D. study programme is to enrich the choice of Ph.D. programmes offered at Masaryk University, by means of offering a study programme in English language that focuses on dynamically developing intersectorial /disciplinary fields of corporate, foundation and trust law from a comparative point of view.

„ It is difficult to understand the universe if you only study one planet“
(M. Musashi, 1645)

The focus of the programme is to prepare students to practice law or to become specialists in other professions that require, among others, an international perspective, the ability to work independently, and being a part of an international academic community.

The programme utilizes the advantage of the geographical location of the Czech Republic in the Central European region, as a place where different factors influence and interact.

The programme is unique in a number of ways, especially in the comparative perspective within the international context, its "functional" view of law, as well as the high level of specialism and multidisciplinarity.

The scope of the programme in general, with a significant cross-national dimension. It aims to fill the gap in the Czech education system, by enriching it with a new perspective. No other institution (in the Czech Republic nor in the Central and East European region) offers a doctoral programme with such a profile.

The introduction of the programme responds to the demands of legal professionals who have been calling for graduates who are not only proficient in foreign languages but also competent in viewing legal issues from the broader perspective extending beyond the borders of individual countries and continents.

The study programme is also intended for international students who have good language skills and an interest to study law in broader international and comparative perspectives.

The teaching in this programme will involve the direct participation of scholars from the Faculty of Law of Masaryk University, Institute of State and Law of the Academy of Sciences of the Czech Republic, and also an extensive network of both national and international scholars and experts.

The following are the main (general) scientific topics/areas/content of the study:

General Legal Concepts of Legal entities (conceptual view, Corporations, Foundations, Trusts/trust-like forms)

Compliance (concept, Corporate Governance, Foundation Governance, fiduciary aspects, property rights)

Estate Planning (also trans-generations)

FinancingTax/accounting Law/ Financial market regulation

International Private Law/Cross-border transfers/

Procedure/Arbitration (incl. ADR)/Insolvency

During the study, emphasis will also be placed on the students’ acquisition of many academic skills, scientific writing, project design etc.

The assessment of students will be carried out according to transparent and objective pre-determined criteria. Students will get feedback in various forms.

„I am currently in the fourth semester of the study program Comparative corporate, foundation and trust law. This program started just as I had decided to begin my doctoral studies, and it has been a great choice. Since my journey in the program has begun, I have been given many opportunities to extend my knowledge of trust law, which is the primary focus of my studies. In particular, I have attended interesting international conferences where a broad range of topics relevant to the corporate, foundation and trust structures were eagerly discussed.“

Mgr. Adam Holubář
student programu Comparative Corporate, Foundation and Trust Law

Praxe

Practical training is not envisaged as an explicit part of this programme. However, it is supposed, that students of Comparative Corporate, Foundation and Trust law will be active also as “practicing lawyers”, so there is no need to require any other (special) practice for them.

Graduates from the study programme may find better employment opportunities, above all, in these professional positions (after meeting other professional criteria):

• Attorney-at-law specializing in international business law and estate planning;
• Academic researcher in national and international research institutes;
• Notaries notarial activities;
• Assets administrator (family office, investment companies, companies specializing in the administration of property);
• Judges (or their assistants) applying comparative law in their work;
• Employees of central bodies of state administration (f.e. legislative councils at ministries);
• Employees of legal departments of business corporations.

The study programme of Comparative, Corporate, Foundation and Trust Law does not (cannot) replace professional preparation for regulated occupations (tax advisors, attorney-at-law, notaries, judges etc).