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Disposition mortis causa
Kučerová, Eva ; Šustek, Petr (referee) ; Frinta, Ondřej (referee)
v anglickém jazyce The theme of this thesis is the disposition mortis causa which is part of the inheritance law. Inheritance law is a very important part of the legal order, without which the transfer of testator's rights and obligations from a testators to their legal successor and it consequently it would not be achieved the preservation of values that the deceased had accumulated over a lifetime. The thesis consists of eight parts. The first part outlines the general concept of the right of inheritance and disposition mortis causa. In fact, there is described what the whole thesis deals with. The second part deals with testaments. It is the most common form of dispositions mortis causa, though not the strongest. The thesis includes a detailed description of all forms of testaments and its contents. This section also contains information relating to the testamentary clause on legacy. In the third part the strongest disposition mortis causa, inheritance contract is adapted. Inheritance contract is not new to our legal system; it was already included in the General Civil Code of 1811. The fourth section describes the issue of the legacy. Although legacy is not officially taken as the disposition mortis causa, but it is strongly related through the disposition mortis causa. The fifth part contains...
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Hereditary contract and Legacy - reestablished institutes of Heritage Law
Borková, Martina ; Thöndel, Alexandr (referee) ; Elischer, David (referee)
práce v anglickém jazyce Aim of this work is to introduce and then closely describe two of new, or better to say re-established institutes of law of succession - contract of succession and legacy. Because death is a natural legal fact that none of us avoids which results in a fact that most of us, especially with increasing age, think thoroughly whom to bequeath property acquired during his/her life, everyone who ponders in such a way in case he/she wants to avoid intestate succession should have a knowledge of these new institutes, in my opinion very practical ones. The whole work is divided into six chapters (including introduction and conclusion). Chapters two to four are the principal chapters of this work dealing first with some kind of introduction into the whole problematics by explanation of basic terms, which is followed by interpretation of the institute of contract of succession and legacy, including comparison with chosen foreign legislations, as well as history of both mentioned institutes. The chapters dealing with contract of succession and legacy are divided into subchapters so that all aspects of these institutes could be explained; concerning contract of succession it is its short characteristics, form, problematics of time clauses and conditions, which is followed by the matter...
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Disposition mortis causa
Kučerová, Eva ; Šustek, Petr (referee) ; Frinta, Ondřej (referee)
v anglickém jazyce The theme of this thesis is the disposition mortis causa which is part of the inheritance law. Inheritance law is a very important part of the legal order, without which the transfer of testator's rights and obligations from a testators to their legal successor and it consequently it would not be achieved the preservation of values that the deceased had accumulated over a lifetime. The thesis consists of nine parts. The first part outlines the general concept of the right of inheritance and disposition mortis causa. In fact, there is described what the whole thesis deals with. The second part deals with testaments. It is the most common form of dispositions mortis causa, though not the strongest. The thesis includes a detailed description of all forms of testaments and its contents. The third section contains information relating to the testamentary clause on legacy. In the fourth part the strongest disposition mortis causa, inheritance contract is adapted. Inheritance contract is not new to our legal system; it was already included in the General Civil Code of 1811. The fifth section describes the issue of the legacy. Although legacy is not officially taken as the disposition mortis causa, but it is strongly related through the disposition mortis causa. The sixth part contains...
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Call in of the testament and other options in case of death in roman law
Tomanová, Alena ; Skřejpek, Michal (advisor) ; Falada, David (referee)
This rigorous thesis characterises the last will and testament in the event of death in Roman law. The first part of the thesis deals with the testament and alternative acquisitions in the event of death. The first chapter explains the concept of the testament, its types, its forms and the compulsory necessities. The conditions for appointing someone as a heritor, the testamentary capacity, the disinheritance of an offspring and also the invalidity of the testament and its nullification are also defined in this chapter. The second chapter describes the alternative acquisitions in the event of death where we can for instance include legaty, fideicommissum, codicils and donation in the event of death. The second part of the thesis consists of presumptions for the inheritance on the base of the last will, the fundamental principles of the right of the inheritance and the concept of the inheritance. The third chapter illustrates the legal status of the successor and analyse the reversionary heir, the right of acquisition and the legal protection of the heritor and furthermore it deals with the right for recalculation. The last chapter is dedicated to an acquisition of the inheritance by virtue of the testament and legacy and the alienation of the estate and inheritance.
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Image of Napoleon's age in Czech history text books
Hégrová, Dita ; Hnilica, Jiří (advisor) ; Parkan, František (referee)
Bachelor thesis named Image of Napoleon's age in Czech history text books deals with the views of Napoleon I. Bonaparte through historical sources and literature from the 19th century to the present. The Austrian aspect pointed in two directions, Bonaparte's military art on one hand, the celebration of his defeat on the other. The Czech-French alliance was highly beneficial for The First Republic; Napoleon I was even included in textbooks at the time. During the Nazi occupation the view of Napoleon as a statesman and military leader prevailed. The communist doctrine emphasized the rise of Bonaparte's skills and his defeat by the commoners during the invasion of Russia. The thesis tries to show the French emperor in the context of the 19th century and present day, including the creation of the cult of Napoleon I and traditions related to battles that took place. Key words Napoleon I. Bonaparte, education, legacy, The Napoleonic Wars, textbooks for grammar school, textbooks for primary schools.
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The institution of legacy in Czech and Italian inheritanc
Koníčková, Markéta ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The thesis deals with one of the reinstated institutes which are introduced by act number 89/2012 Sb., that is by the new Civil Code and it is the institute of Legacy. This work is divided into five chapters, where firstly it discusses the characteristics of this institute in Roman Law and compares it with the institute of fideicommissum. In addition this work deals with characteristics of this institute in Italian law from the times of Unification of Italy up to the present day, therefore it briefly deals with both of the Italian civil codes. The most extensive chapter deals with the institute in our own legal history, especially about its form in ABGB, the "warp" and the "middle" code and it is followed by chapter, which deals with our new Civil Code, which has returned this institute into our Inheritance Law. The whole work is concluded by a comparison of the similarity of this institute in Italian and Czech legal order. This work is elaborated on positive note and its aim is to show that this is very practical institute, which is in both ours and Italian law very similar even though it has been developing for centuries. I believe that it could become normal part of donation mortis causa.
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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the New civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them, compares them with German and Austrian civil codes and when appropriate gives my own opinion on the changes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, basic principles and position in the New civil code, Selected changes in civil law terminology, which are used in the following chapters. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, How to cancel it, Regular forms, Irregular forms, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that is combined with parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic...
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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the new civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them and provides a look to German and Austrian civil codes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, selected basic principles and systematic of the New civil code and inheritance law. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, Irregular forms, Regular forms, How to change or cancel it, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that combines parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic protection to the sides, Cancellation and changing contract. Chapter four focuses on Legacy interesting in the...
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Problematics of probate proceedings in Czech Republic - inheritance law changes
Houska, Michal ; Spirit, Michal (advisor) ; Žák, Květoslav (referee)
The subject of this diploma thesis is inheritance, inheritance procedure and probate proceedings. It reflects the current (new) legal regulations founded by the Law No. 89/2012 Coll., Civil Code, as amended. The aim of the thesis is to analyse and evaluate the current legal regulations of inheritance in such a manner to provide sufficient amount of information about the basic terminology in this area of the law even to a layman. This applies to both substantive and procedural law. The thesis comprises of three parts. The first part focuses on the history of inheritance procedure with special emphasis in institutions introduced into current legal regulations. The second part contains an analysis of substantive law regulations of inheritance procedure. Several controversial points put to practice by the new regulations can also be found there. The third and last part deals with the procedural regulations and the probate proceedings.
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