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.

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.

Absolvent je po úspěšném ukončení studia schopen:

• Explain the fundamental concepts, principles and general framework of the operation of corporations, foundations, trusts, and trust-like forms, as well as their importance within legal systems.
• Analyse the extent and the manner of their applicability, the reasons for the preference of specific types of structures, the broader context (also outside of the world of law).
• Compare the individual approaches, particularly regarding the differences between normative systems (ius communae vs common law) and selected jurisdictions.
• Assess the benefits and significance of individual forms of estate planning in the areas of corporate, foundation and trust law, with view to the their common conceptual points of departure on the one hand and specificities given by the individual.
• Identify common problems and trends in development.
• Develop one’s own method how to process a selected topic, to delimit the basic comparative criteria (tertium comparations).
• Process a selected topic on the basis of a study of ralated literature and experience obtained during one’s study and draw conclusions that may be applicable in practice.
• Develop and assess, on account of one’s practical skills, theories, concepts and methods not only in the field of law but also in their broader functional implications in other areas.
• Communicate, in a comprehensible and convincing manner, one’s 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.

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).

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.

Completing a dissertation thesis is a prerequisite for all students as the work is a key component of the study programme. Its writing is an excellent opportunity to explore a particular topic in depth.

The students start their dissertation thesis early in the programme. Each student is assigned a tutor to discuss problems that come with their research.

Students will get feedback in various forms. With view to the close relation between tutors and their students, personal contact will be preferred (e.g. by means of modern electronic communication, such as Skype) and feedback will be provided orally: during individual consultations concerning the research design proposal, the outline/project of the dissertation thesis, the final version dissertation thesis and other research outcomes intended for publication or teaching purposes.

During group tutoring sessions and workshops, feedback will also be provided from other experts, professionals, colleagues and fellow students.

Written feedback will take the form of notes and commentaries on the students’ Thesis or/and publication outcomes.

During the study, the quality of the measurable results of the students’ work should be gradually rising, culminating in the Thesis. The Thesis will be assessed with view to not only its content but also the form in which the topic is dealt with.

There is available a variety of resources of legal information in the library of the Faculty of Law of Masaryk University and also online (research databases) administered both by the Faculty of Law or by the Institute of State and Law of the Academy of Science.

The substantial and formal requirements of the doctoral thesis are defined by the internal rules of the Faculty of Law, Masaryk University No. 4/2013 (Quotations Directive) and No. 9/2017 (Doctoral Study Directive).