The purpose of this thesis is to describe the functioning of trust in the common law jurisdictions and its expansion to the civil law countries. It also focuses on the brand new Czech institute "Svěřenský fond" (trust fund) introduced by the new Czech Civil Code and aims to analyse its nature in regard to its trust context. The thesis is composed of three chapters, each of them dealing with different set of "trust" issues. Chapter One is descriptive. It deals with the history of fiduciary relationships in the Roman, medieval, Austro-Hungarian and Czechoslovak law as well as the current statutory provisions governing administration of property of others and trust funds in the Czech Republic. It also addresses a number of current ambiguities that have arisen from the recent re-codification. The Second chapter is comparative. Part One includes introductory remarks concerning comparative law issues. Part Two describes the nature and functions of trust in the common law jurisdictions and explains the trust taxonomy. Parts Three and Four provide an outline of several mixed jurisdictions as well as civil law jurisdictions and maps their approach to trusts. Chapter Three is analytical. First part examines the theoretical discrepancies in the civil law and common law notions of property along with other...

The Trust Fund is for the Czech law a completely new institution, therefore its deeper legal examination and interpretation of its individual provisions is just at the beginning. It is generally regulated by the Act no. 89/2012 Sb., the Civil Code, as amended. The essence of the Trust Fund lies in the fact that the Settlor separates a specified part of his property and entrusts it to some purpose. This creates a separated property, to which has the original owner (the Settlor) no ownership rights. Management of this separated property performs the Trustee. However, he has no ownership of this property. Property in the Trust Fund does not belong to anyone, but the Trustee can dispose of it. The aim of this thesis is to comprehensively summarize and analyze the taxation of the Trust Fund according to the regulation applicable in 2014 and also after its revision in January 2015. The thesis identifies the problems and uncertainties in taxation of Trust Fund. It explains how these problems were solved by the revision of the Tax Law and in case of persisting uncertainties proposes solutions de lege ferenda. The thesis is divided into two main parts. The first part deals with the institution of Trust Fund. There is explained its essence, function and obligatory requirements. The second, main part of this thesis...

Thesis advisor: Richard, S.J. McGowan / The New Jersey Transportation Trust Fund Authority (NJTTFA or TTFA) is an independent agency of the New Jersey state government that is responsible for administering the Transportation Trust Fund (TTF of “the Fund”), which is used to fund transportation capital project expenditures by the New Jersey Department of Transportation (NJDOT) and the NJ TRANSIT commuter-rail and bus system. The TTF is essential for maintaining, improving, and repairing New Jersey’s infrastructure system. However, since the TTFA was created in 1984, it has been inadequately financed by the state government and has irresponsibly issued enormous amounts of debt. Because of this, it has now it has run into major financing problems. Currently, the TTF’s revenues are insufficient to cover its increasing debt obligations. Because of this, the TTF is expected to be bankrupt by July of this year (2011). If this happens, New Jersey will be left without any financing for its already-troubled infrastructure system.This has become a major cause of concern for the State of New Jersey. For years, politicians and residents across the state have been unable to come to an agreement on how to best solve this growing problem. Because of this, financing strategies in the past have amounted to little more than temporary “Band-Aid” solutions focused principally on the issuance of massive amounts of debt. Now, the outstanding debt of the TTF has built up to the point that, in just a few short months, revenues will be insufficient to cover existing debt obligations. The New Jersey state government needs to take drastic action and adopt a long-term financing strategy that will allow the TTFA to meet its debt obligations and pay down outstanding debt, while still being able to fund essential transportation and infrastructure projects across the state.This paper will examine the causes and effects of the current funding deficit, as well various proposed solutions and strategies. After an in-depth examination of these topics, I will devise a recommended solution for solving the current deficit crisis faced by the TTF and for providing long-term financing for transportation requirements. The results will show that the most logical and effective long-term financing strategy will hinge upon an increase in state gasoline taxes, which are currently among the lowest in the nation. However, solving the problem will also require new sources of revenue and stringent financial management. / Thesis (BS) — Boston College, 2011. / Submitted to: Boston College. Carroll School of Management. / Discipline: Carroll School of Management Honors Program.

"Svěřenský fond" - institute of intergenerational wealth preservation and succession Abstract Thesis named "Svěřenský fond - institute of intergenerational wealth preservation and succession" is dedicated to describe institution of "svěřenský fond" from the perspective of a potential alternative or addition to a more traditional institutions of inheritance law. The aim of the thesis is to describe primarily its use to a purpose of family wealth preservation and succession. In order to fulfill this goal, the first part of the thesis analyses how fiducie/trust of Quebec made its way into Czech legislation. Main matter being the consequences adoption of a patrimony by appropriation caused. Second part follows historical roots of fiduciary institutes. It finds a persistent need for very similar fiduciary, trust-like institutes throughout history. The goal stays the same, a desire of families to preserve their wealth. Historical analysis, using an evolutionist paradigm, finds similarities between trust, modern fiduciary institutes and "svěřenský fond" which simply cannot be unseen. Based on this findings a hypothesis of a common ancestor is construed. Third part describes a newly acquired construction of trust-like institute, which was unseen in Czech law until 2014. It focuses on a result of transplantation of...

Arrivée à ces noces d’étain, la fiducie continue de déranger autant qu’elle déroute. Alors que tout oppose la prétendue propriété fiduciaire de la propriété, la doctrine, presque à l’unisson, défend ce mariage contre-nature. Pour administrer le patrimoine créé pour l’occasion, le fiduciaire se verrait confier la toute puissance d’un propriétaire, qu’il faudrait immédiatement s’empresser de contenir pour que fiduciant et bénéficiaire ne se retrouvent pas démunis face au fiduciaire roi dans son royaume. Pourquoi persister en ce sens ? N’est-il pas possible de puiser dans nos catégories juridiques au lieu de les épuiser ? Assurément, la réponse est positive. En replaçant l’affectation voulue par les parties au contrat au cœur de l’opération et en acceptant de sortir des sentiers battus, il est possible de rendre au fiduciaire sa véritable place, celle d’un administrateur de patrimoine doté de pouvoirs propres. L’analyse alternative proposée permettra à la fois d’éclairer le régime applicable, de lever certaines zones d’ombre et d’accroître l’efficacité de l’opération, en offrant au fiduciant et au bénéficiaire les moyens de faire face à un fiduciaire peu scrupuleux. / Introduced in the french law since ten years yet, the french trust, as know as « fiducie », keeps destabilising. While everything seems oppose that so-called fiduciary property and the real property, the doctrine preaches for assimilation. To manage the fiduciary estate, the trustee is said to own the whole power as a proprietor, but wich has to be straight away limited to spare the settler and the sestui que trust findind themeselves helpless in front of a powerfully trustee. Why then to prevail in this way ? Isn’t it possible to deal with others mechanism of the legal arsenal instead of altering it ? Doubtlessly, a positive answer has to be given. To focus attention on the allocation (affectation) and to depart from the beaten tracks, allow to take back the trustee his rightful palce : he is an estate manager provided with inherent powers. The analyse suggested succeed in explaining the legal regime, clarifying doubts and increasing effectiveness thanks to means for settler and sestui que trust to deal with a careless trustee.

Master of Arts / Department of Economics / William F. Blankenau / This paper examines several different issues which could make the various Social Security programs insolvent. I evaluate each cause and how it is related to the problems experienced by each program to determine potential policy changes. I draw the majority of my data and information from peer-reviewed scholarly articles, as well as government agencies such as the Social Security Administration, Bureau of Labor Statistics, and the Congressional Research Service. Section 1 of the paper explains the history of the Social Security program and the circumstances creating it. Section 2 goes into greater detail explaining different issues which could make the system insolvent. These areas are: earnings inequality, changes in healthcare, increased life expectancy, changes in the dependency ratio, general trust fund issues, disability trust fund issues, political climate, and recessions/reduced earnings. In Section 3, I evaluate two different proposed plans to fix Social Security. The first plan is an academic plan, the Diamond-Orszag Plan; the second is a plan created by a think-tank, The Heritage Plan. Section 4 gives a conclusion of the implications of the paper and explains the benefits and drawbacks of the two evaluated plans. After evaluating all the problems with Social Security and the two proposed plans, I come to the conclusion that neither plan would be ideal by itself. The Diamond-Orszag Plan is the most politically feasible plan, as it doesn’t change the framework of the current program. A combination of the two plans would be most beneficial, as The Heritage Plan has policy specifically targeting the problems with the Medicare system, where the Diamond-Orszag Plan does not. The three different plans for changing the disability system I evaluate in Section 2.5 are specific, targeted plans and could be a nice addition to a plan such as the Diamond-Orszag Plan. In any case, the sooner politicians finally start taking Social Security’s instability seriously, the better. The longer we wait, the more complex and difficult the problem will become.

The objective of this thesis is to place trust fund into the system of tax law and the analyse of this position from different angles. The main objective is to describe, how are trust funds and the persons connected with them, taxed. One of the aims of this thesis is to show trust funds within a broader context and therefore it describes the tax aspects of English common law trust as well. Common law trust can be considered as a role model for institute like the Czech trust fund. The thesis therefore consists of two parts - trust and trust fund. The first chapter describes historical development of trusts and illustrate how was this development influenced by then tax legislature. Also, this chapter explains some aspects of English law, with focus on difference between common law and equity. The grasp of the difference between these parallel systems is essential for the understanding of trust. The second chapter deals mainly with substantive aspects of trust. It strives to answer the question, what is trust and how can we definite it. It also shows, how the tax legislature defines trust and connected person for tax purposes. It is also briefly mentioned the duty of trust to register into newly established trust register. The third chapter deals with taxation of trust itself. Different types of trusts and...

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Recent debates on transitional justice have concerned whether the field responds to the needs of victims who have suffered serious crimes. At the global level, the International Criminal Court (ICC) serves as the most visible institution of transitional justice and is most famous for its prosecutions of war criminals. Critics of the Court question its relevance to victims and allege that it embodies a Western form of justice, prioritizing retribution over restoration of victims' lives and societies. Often overlooked, however, is the Court's sister organization, the Trust Fund For Victims (TFV). Also established by the Rome Statute, the TFV is mandated to deliver court-ordered reparations to victims as well as to provide assistance to those affected by crimes under ICC jurisdiction. This assistance mandate creates a novel opportunity to reach a wide scope of affected individuals and to bring international justice directly to those who need it most. This thesis reviews research on transitional justice and employs the Trust Fund as a case study of localizing transitional justice through reparative assistance. This study concludes that the reparative assistance, when designed to respond to victims' needs, has material and symbolic significance to victims that meet the goals of transitional justice.

This diploma thesis is focused on the analysis of trust funds taxation, which is being prepared in Czech Republic based on comparison with existing arrangements in Great Britain, Italy, Switzerland and France. In the first part terms relevant to trust fund problematics used in the following parts of the thesis are defined. Also Hague Convention is mentioned, since it explains function of trust funds in continental countries. In the second part, the focus is on the analysis of legal and tax arrangement in chosen jurisdictions with emphasis on taxation in individual situations. The last part deals with legislation of trust funds based on the new civil code. Key issue here is analysis of tax legislation concerning the trust funds taxation in the Czech Republic and a proposal of taxation possibilities on the basis of comparing it with existing taxation in chosen jurisdictions. At the end of this part, arrangement of trust funds, which is contained in Model Tax Convention on Income and Capital, is mentioned.