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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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The Trust Funds
Hollmann, Jakub ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Summary: I chose the topic of my master's thesis considering the recency of the subject according to the recodification of private law. Legal institute of trust has been in Czech lands since 19th century and nowadays it experiences it's controversial return. Although the recent legal form of trust is defended by authors of the new Civil Code, experts criticise it roughly and there are ongoing negotiations about abrogation of the legal institute or about its amendment. This thesis is composed of ten thematic chapters. After the introduction I explain the origin of the legal institute of trust in Roman law, specifically in the form of fideikomis and its development. As the legal form results from The Civil Code of Québec highly influenced by the legal institute of trust, I focus on the legal institute of trust in common-law countries in the third chapter. I also dedicate one chapter to The Civil Code of Québec, as it was the main source of inspiration for Czech legislators. For a period of absence of the legal regulation of the trust in Czech law, according to the Hague Convention it was possible to create foreign trusts on the territory of the Czech Republic. For that reason I discuss the legal regulation of trusts abroad in chapter five. Sixth and seventh chapter is dedicated to the regulation of trust in...
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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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