DAF1CF01 Conceptual and comparative understanding of Legal entities (Corporations / Foundations) and Trust

Faculty of Law
Autumn 2022
Extent and Intensity
0/0/0. 8 credit(s). Type of Completion: k (colloquium).
Teacher(s)
doc. JUDr. Bohumil Havel, Ph.D. (lecturer)
prof. JUDr. Kateřina Ronovská, Ph.D. (lecturer)
JUDr. Vlastimil Pihera, Ph.D. (lecturer)
doc. JUDr. Josef Kotásek, Ph.D. (lecturer)
doc. JUDr. Filip Melzer, LL.M., Ph.D. (lecturer)
Prof. Corrado Malberti (lecturer), prof. JUDr. Kateřina Ronovská, Ph.D. (deputy)
Prof Wino van Veen (lecturer), prof. JUDr. Kateřina Ronovská, Ph.D. (deputy)
doc. JUDr. Kristián Csach, Ph.D., LL.M. (lecturer)
Prof. Dr. Martin Schauer (lecturer)
Mgr. Bc. Luboš Brim, Ph.D. (assistant)
Guaranteed by
prof. JUDr. Kateřina Ronovská, Ph.D.
Department of Civil Law – Faculty of Law
Contact Person: Mgr. Ivana Hovořáková, Ph.D.
Prerequisites
This course does not have any prerequisites. General requirement for enrollment to this course is advanced knowledge of legal English incl. specific terminology of Corporate, Foundation and Trust law. The course is offered to the students of the following study fields (comparative corporate, foundation and trust law) and courses directly associated with them.
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 10 student(s).
Current registration and enrolment status: enrolled: 1/10, only registered: 0/10
fields of study / plans the course is directly associated with
Course objectives
The aim of this course is to provide general theoretical knowledge in the area of corporate, foundation and trust (trust-like) law, from theoretical and comparative point of view. The attention is paid to general concepts of legal entities (using functional approach and incl. L&E approach), and also to differences and similarities in the International and European context. An important role will also play the relevant case law, especially as far as interpretation of generally defined rules and development trends are concerned. The course covers not only the current legislation (on the European level and in chosen jurisdictions), but also its doctrinal substantiation. The latest trends in legal practice will also be reflected. The guiding principle that “comparative law is not about teaching, but is about doing” will be followed.
Learning outcomes
At the end of the course, students should be able to: Compare the individual approaches, particularly with regards to the differences between normative systems (ius communae vs common law), with special attention to selected jurisdictions. Assess the benefits and significance of individual forms of estate planning in the areas of corporate, foundation and trust law, with a view to the their common conceptual points of departure on one hand and specificities given by the individual legal systems on the other (according to existing law). Identify common problems and trends. Process the selected topic on the basis of their study of professional literature and practical experience obtained during such study, and draw conclusions that are applicable in practice. Assess new findings and ideas with view to the long-term social consequences of their use. Communicate, in a comprehensible and convincing manner, their own findings in the field to other members of the international scientific community, other legal professionals and general public. Acquire new professional knowledge, skills and capabilities through one’s own creative work and influence conditions for education of others. Think critically in broader dimensions and apply knowledge in new contexts.
Syllabus
  • Outline I. Concept/Theory of legal persons (entities) II. Ius commune vs common law approaches III. Corporation IV. Foundation V. Trust and trust like forms
Literature
    recommended literature
  • van der Ploeg, T., van Veen, W.J.M, Versteegh, C.R.M.. Civil Society in Europe; Minimum Norms and Optimum Conditions of its Regulation. 1. vyd. Cambridge: Cambridge University Press, 2017.
  • Equity, trusts and commerce. Edited by Paul S. Davies - J. E. Penner. First published. Oxford: Hart publishing, 2017, x, 368. ISBN 9781509907298. info
  • KRAAKMAN, Reinier H., John ARMOUR, P. L. DAVIES, Luca ENRIQUES, Henry HANSMANN, Gérard HERTIG, Klaus J. HOPT, Hideki KANDA, Mariana PARGENDLER, Wolf-Georg RINGE and Edward B. ROCK. The anatomy of corporate law : a comparative and functional approach. Edited by Sofie Cools - Gen Gotō. Third edition. Oxford: Oxford University Press, 2017, xvii, 281. ISBN 9780198739630. info
  • Developments in foundation law in Europe. Edited by Chiara Prele. Dordrecht: Springer, 2014, x, 314. ISBN 9789401790680. info
  • PANICO, Paolo. Private foundations : law and practice. First edition published. Oxford: Oxford University Press, 2014, xxxiii, 38. ISBN 9780199646197. info
  • Re-imagining the trust : trusts in civil law. Edited by Lionel D. Smith. 1st pub. Cambridge: Cambridge University Press, 2012, vii, 284. ISBN 9781107011328. info
  • PANICO, Paolo. International trust laws. First published. Oxford: Oxford University Press, 2010, liii, 609. ISBN 9780199551620. info
    not specified
  • The worlds of the trust. Edited by Lionel D. Smith. 1st pub. Cambridge: Cambridge University Press, 2013, xvi, 567. ISBN 9781107032439. info
Teaching methods
Group tutoring sessions Colloquial presentation of research results
Assessment methods
Targeted discussion about the recommended literature with focus on specific issues relevant to the doctoral thesis of the student.
Language of instruction
English
Follow-Up Courses
Further Comments
Study Materials
The course is taught: in blocks.
Teacher's information
https://www.muni.cz/en/people/15006-katerina-ronovska
The course is also listed under the following terms Autumn 2019, Autumn 2020, Autumn 2021, Autumn 2023, Autumn 2024.
  • Enrolment Statistics (Autumn 2022, recent)
  • Permalink: https://is.muni.cz/course/law/autumn2022/DAF1CF01