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A notary in inheritance proceedings
Kejvalová, Petra ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
A notary in inheritance proceedings The aim of the study is to describe the activity of the notary as a court commissioner in inheritance proceedings and to compare Czech and Slovak legislation on this issue. In our legislation the inheritance proceeding is mandatory, as well as court commissariat, which means that when the court learns of the death of the person promptly starts the inheritance proceedings and instructs the court commissioner with the acts in proceedings. Court commissioner has de facto the control of the inheritance proceedings in his hands and with small exceptions he makes all acts in the proceeding. I chose this theme because I am interested in notary in general and court commissariat is one of the most important activities of the notary. This study is divided into three parts: 1.part- Notary in the inheritance proceedings in Czech Republic, 2. part- Notary in the inheritance proceedings in Slovak Republic, 3.part-final summary and the comparison. The parts are further divided into chapters and subchapters. I and II. part are structured similarly, but differ in scope. First part is more detailed and brings out also some problems, which are connected with this institution. In this part, I wrote also about some aspects of court commissariat in Austrian legislation to provide better...
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Inheritance proceedings
Černá, Kamila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Inheritance proceedings The goal of my Master's thesis is to describe in detail the course of the inheritance proceedings. Even though, the overall rule states that inheritance is assumed at the moment of decedent's death, the inheritance proceedings must take place. It is therefore a procedure set by law that is presided by a notary as a court commissar who is authorized by a competent court. During the proceedings, the notary locates decedent's inheritors, his assets and debts. With conclusion of the proceedings, all decedent's property relations are assorted in order. Simply it can be said, the conclusion of the inheritance proceedings is a division of decedent's assets and debts among all heirs. This thesis is divided into five chapters. The first chapter describes the history of the inheritance proceedings and the position of a notary as a court commissar in the period in between the First Republic to the contemporary practice. Furthermore, the contemporary inheritance proceeding is characterized as well as its function and legal framework, including its demarcation as a non-adversarial process. The second chapter deals with matters of court's authority and competence for the inheritance proceedings. The subchapter with inheritance proceedings with a foreign aspect, e.g. inheritance proceeding...
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Disputes over inheritance law in inheritance proceedings
Stoklasová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Disputes over inheritance law in inheritance proceedings Abstract This thesis deals with the inheritance proceedings. The thesis is primarily focused on disputes over inheritance law that may arise during the inheritance proceedings and which must be resolved in the ways prescribed by law before the final decision on inheritance is made. The content of this thesis is divided into four main chapters. The first chapter is devoted to the general characteristics of inheritance proceedings. The purpose was to describe which legal provisions regulate the inheritance procedure, on which principles the procedure is based and what its normal course looks like. Chapter two is focused directly on the disputes over inheritance law. The subchapters describe what a dispute over inheritance law is and how it is defined by the Act On Special Court Proceedings. On the contrary, it is also described what the case law or commentary literature does not consider as a dispute over inheritance law, although this may not be obvious at first sight. The procedure for resolving such disputes depends on whether the dispute is based solely on a legal assessment of the situation, or whether the facts on which the right of succession of individuals depends are the subject of the dispute. The aim of the subchapter, which focuses on the...
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Liquidation of the inheritance in Czech and Austrian legislation
Gadasová, Simona ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
59 Liquidation of the inheritance in Czech and Austrian legislation This diploma thesis is focused on the over-indebtedness of the estate in two countries, namely in the Czech Republic and in the Republic of Austria. Its main goal is to analyse the current situation, compare the differences between the two countries and point out the problems of current legislation. In this thesis, there was mostly used descriptive method, in combination with the comparative method. The Austrian legislation was chosen for comparison because of the history that unites the two countries. Austria-Hungary, of which both countries were part, provided the basis for the current standards of both countries. The text of the diploma thesis itself is divided into two main parts. The first of them is focused on legislation in our territory. At the beginning, the reader is acquainted with the development of legislation, which ends with the currently valid laws. Furthermore, the estate proceeding is described, thus its process, the main institutes and the position of the notary as a court commissioner. Then, the assumptions under which the liquidation of the inheritance is ordered are analysed and also its influence on further proceedings. There i also analysis of the procedure of comparison of assets and liabilities, the methods of...
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Direct registrations in the Commercial Register by a notary
Šleglová, Kateřina ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
This thesis deals with the direct registrations in the Commercial Register performer by a notary, as an alternative to uncontested court proceedings at the registrar court. Main goal of this thesis is to analyse and assess this method of registering facts in one of the types of public registers through a thorough analysis of all requirements for a registration in the Commercial Register by a notary laid down by relevant legislation, including a comparison of selected aspects of the whole process with partial steps of the register procedure. First of all, the thesis presents a historical excursus describing the development of the position of a notary in relation to the Commercial Register and the growing importance of notary activities, which justifies the legislator's decision to entrust the competence to perform direct registrations in the Commercial Register to the notaries. The following chapters are focused on the current legal regulation of this matter. First, the thesis deals in general with the essence of performing direct registrations by a notary. The following chapters contain the core of the thesis, that is the analysis of all the conditions that need to be fulfilled in order to enable a notary to perform a registration in the Commercial Register, which are namely the existence of a so...
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Notary's activity in inheritance procedure
Lukešová, Zuzana ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Notary's activity in inheritance procedure Abstract Intention of this rigorous work is to provide a practical overview of the various tools used by the Judicial Commissioner in the preliminary inquiry into inheritance proceedings and to point out their advantages or disadvantages. This is not a comprehensive overview, as the main focus is on individual records, information systems and lists, with the help of which the Judicial Commissioner finds out the data necessary for the procedure in the proceedings and the issuance of a decision on the merits. The topic of the thesis "Notary's activity in inheritance procedure" with a focus on investigations in individual records available to the court commissioner thus reflects the fast increase of number of records used by the court commissioner, which has occurred over the last ten years. The introduction defines the individual chapters of the rigorous thesis. Therefore, in order to proceed to the very definition of records, their analysis and evaluation, it was considered necessary to first define the term notary, notary office, deputy notary, deputy notary and then the term notary office and notary staff. In order to define the activities of a notary as a court commissioner in relation to other notarial activities, the types of notarial activities were described,...
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Notary in the Legal Order of the Czech republic
Chocová, Eva ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The aim of this diploma thesis, "Notary in the Legal Order of the Czech Republic" is to provide clear and comprehensive information on the status of notaries (also known as "notaries public" or "public notaries") and notarial activities within the Czech Republic. Given that notaries represent one of the most important and respected legal professions, I consider it appropriate to focus increased attention on them. The thesis is divided into nine main parts. In the first part, the introduction, I explain why I've decided to address the given topic and present a brief summary of my thesis. The second part provides a short excursion into the history of the notarial practice in the Czech lands, providing the most significant legal rules governing the status of notaries and the performance of notarial activities. The third part describes the notarial practice, the assumptions for acting as a notary, the notarial authority and the notary's office. The fourth part of the thesis - the most fundamental - specifies, in general, notarial activities and their basic principles and focuses on specific notarial acts, particularly the drawing up of notarial deeds - official records of legal acts, the verification of legally important facts and statements, the policy of notarial deposits and, last but not least, the notary's...
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A notary and civil procedure
Krejčí, Kristina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The aim of the thesis is to analyze the role of the notary in the Czech legal order placing emphasis on the link between his activities and the civil process. The thesis is divided into three chapters. The opening chapter deals with the history of notary office and presents and clarifies the basic notary principles. It is also dedicated to the scope of their professional organisation. Chapter two represents the most extensive part of the thesis, where the relationship between notary and civil procedure is clarified. The first subchapter deals with the role of notary as a court commissioner within inheritance proceedings. While performing acts in the inheritance proceedings, his activities resemble to the field of activities of a judge, because notary carries out the whole proceedings from the moment of the authorisation given by court of first instance, including the decision on the merits. The second subchapter is dedicated to the role of notary while drawing up notarial deeds under which executory proceeding can be directly ordered and carried out. If the notarial deed meets all the requirements by law and contains the clause of execution, it represents a public document, which works in the executory proceedings as a mode for execution thanks to which the civil procedure can be skipped. This subchapter...
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Decedent's estate proceedings
Rutová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The subject of my Master's degree thesis is the issue of proceedings relating to decedent's estate. The main aim of this thesis is to describe the course of this proceedings with respect to current legislation. In general, the inheritace rights arise at the very moment of decedent's death. Nevertheless, the decedent's estate proceedings must still take place. A notary (as a court commissioner) is therefore tasked to locate potential inheritors, assets and debts of the decedent's estate. The goal of the proceedings is to devide relevant assets and debts among located heirs. My thesis is devided into four individual parts. First of them consists of two chapters, which are dedicated to history and sources of law. The second part deals with general aspects of decedent's estate proceedings. It consists of four chapters about characteristics and function of decedent's estate proceedings, jurisdiction, notaries as court commissioners and parties of the proceedings. The third part concern the course of decedent's estate proceedings. As for this significant part, it is devided into twelve chapters, which deal with proceedings' initiation, preliminary investigation, estate collateral, administration of the estate, detecting heirs, inquiry about assets and debts, joint property of spouses, hearing in...
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Translating and interpreting services for judiciary practice in Russia (compared to services provided in the Czech Republic)
Rucký, Jaroslav ; Čeňková, Ivana (advisor) ; Šprcová, Ilona (referee)
The aim of this thesis is to describe the interpretation and translation services for judicial purposes in Russia and systematise the way in which they are used in judicial practice. The investigated topic is handled functionally and descriptivelyaccording to the following criteria: (1) development/historic - a description of the development of translation and interpretation services in the USSR and in modern Russia; (2) legislative - the status of the interpreter and the translator in the judicial process, their rights and responsibilities, formulation of ethical principles of their activities; (3) an objective evaluation - an assessment of the conditions for the exercise of a court interpreter and translator, qualifications and growth, the criteria for the selection of a professional translator/interpreter from agencies, the role of notaries in the translation process and its role in checking translations. Linking these aspects will enable not only a comprehensive view of the situation, but also to compare them with the services offered in the country.
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