CZECH REPUBLIC: between endurance and intervention: fiduciary administration in Czech law after first decade of experience

Abstract This article examines the development of fiduciary administration in Czech law more than a decade after the recodification of private law. Building on the authors’ earlier work on the doctrinal foundations of Czech trusts and private foundations, the analysis shifts from questions of institutional acceptance to issues of governance and professionalisation. The article argues that Czech private law possesses internal doctrinal tools—most notably the standards of due managerial care and professional care—capable of accommodating the increasing professionalisation of fiduciary activity without immediate regulatory intervention. Drawing on comparative perspectives from Quebec and Liechtenstein, and engaging with emerging Czech scholarship, the authors suggest that the choice between endurance and intervention is ultimately a question of risk allocation. The article concludes that the pace of doctrinal development, rather than the introduction of public-law supervision, may prove the most consequential factor in shaping the future of Czech fiduciary law.