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Fideicommissum
Dandová, Veronika ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Fideicommissum This diploma thesis deals with the institution of fideicommissum, which was reintroduced into the current legal regulation of inheritance law by Act No. 89/2012 Coll., Civil Code, and which significantly strengthened the principle of the testator's freedom of acquisition compared to the previous legal regulation. The first chapter is devoted to inheritance law, in particular it focuses on the explanation of the prerequisites of inheritance and the basic principles that are necessary for proper analysis and understanding of the institution of fideicommissum, as well as its placement in the system of inheritance law in the Czech Republic. The second chapter of this thesis deals with the historical development of the institution of fiduciary succession, from its very beginnings, which can be found already in the Roman law institution of legacy and fideicommissa, through its regulation contained in the General Civil Code and the Government Proposal of 1937, which were the main inspiration for the creation of the current Civil Code. The last part of this chapter discusses the Civil Code of 1950 and 1964, focusing in particular on the reasons why fiduciary succession did not develop during that period, and eventually the adoption of the legislation in force is discussed. The third and...
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Fideicommissum
Hatina, Viktor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis includes the analysis of the fideicommissum institute, which is one of the elements of the Czech Inheritance Law that were reintroduced into the new Czech Civil Code, which came into effect on the 1st of Janurary 2014. The theme is highly actual due to the new important possibilities of expressing the will of the testator for the occasion of his death. The thesis is focused on the analysis of the current enactment and describes the historic development of the fideicommissum institute The text contains four fundamental parts. The first presents the fideicommissum institute and its role and development in the Inheritance Law from the time of Roman Law. The author deals in this chapter with the intertemporal provisions and other coherent institutes, which go along with the fideicommissum institute. We talk about hereditas iacens and administration of the inheritance. In the next chapter, the author explains the current enactment in the Civil Code in detail and mentions the procedural enactment of the special Code on Specific Civil Proceedings as well. It consists of the foundation of the fideicommissum and the inheritance regime. The last chapter consists of comparison of the Czech and Slovak enactment. Taking into account that in the Slovac Republic is currently being prepared the new...
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Testament with a special focus on fideicomissum
Bártová, Magdalena ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
This rigorous work deals with the testamentary succession which is complemented with a new institute within the law of succession regulation - fideicommissum. The content of the work is divided into five main chapters whereas it is proceeded from general interpretation of law of succession taking into account history because above all the law of succession it one of the branches of the Civil Law which was a subject of great changes within the re-enactment of the Civil Law and it is getting back to the institutes which the existing legal regulation did not know. The introduction addresses explanation of basic terminology within the matter of law of succession; it elaborates fundamentals, principles and functions of the law of succession and its categorization within the legal regulation. A part of the work which is dedicated to the historical interpretation focuses on regulation of the testamentary lineage in the Roman law and then analyzes testament regulation within the General Civil Code, Civil Code No. 141/1950 Sb. and preceding Civil Code No. 40/1964 Sb. Subsequently the main topic is elaborated in detail that is testamentary succession pursuant to current legislation in the Civil Code No. 89/2012 Sb. The introduction of this chapter focuses on the term testament itself, presumptions of its...
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Fideicommissum
Kundelová, Veronika ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Fideicommissum Abstract The diploma thesis addresses the institute of fideicommissum or fideicommissary substitution which was reintroduced in the legal order of the Czech Republic by the new Civil Code No. 89/2012 Coll. The institute of fideicommissum is part of private law, in particular of inheritance law, which can be found in Chapter 3, Part 3 of the Civil Code. Fideicommissum assists to adjust property and family relations, in particular by preserving and transferring family assets for private purposes in accordance with the current needs of today's society. The institute is nowadays very practical as it enables a testator to dispose of his/her property in a better way in the event of his/her death as it allows the testator in predictable situations to appoint any persons who are to take the position of the original heir specified in the last will and testament in the event of heir's death. The first part of the thesis focuses on the creation of the institute of fideicommissum, its development and its various forms in which the institute occurred throughout the history. The second part of the thesis introduces institutes of private law, in particular inheritance law which is linked with the institute of fideicommissum or has some common features. This part deals with the essence and significance of...
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Fideicommissum
Kostelecká, Barbora ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis deals with the fideicommissary substitution that has made a reappearance in the civil law of the Czech Republic after fifty years. This change came into effect on the 1st of January 2014, along with a newly effective and modernized Civil Code. The purpose of this thesis is to analyze the reasons for the reintroduction of the fideicommissary substitution into the Czech inheritance law. The thesis is divided into three main sections. The first section focuses on the definition of the fideicommissary substitution. The fideicommissary substitution is also compared to other similar institutions of the Czech inheritance law. The second section focuses on the origins of the fideicommissum in Roman law and its alterations throughout the history, with the emphasis on its adaptations in the Civil Codes effective on the territory of the current Czech Republic. The last section focuses on comparing the institution of the fideicommissary substitution to similar institutions in France, Germany, Spain and Scotland in order to demonstrate the differences and similarities among them.
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Fideicommissum
Hatina, Viktor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis includes the analysis of the fideicommissum institute, which is one of the elements of the Czech Inheritance Law that were reintroduced into the new Czech Civil Code, which came into effect on the 1st of Janurary 2014. The theme is highly actual due to the new important possibilities of expressing the will of the testator for the occasion of his death. The thesis is focused on the analysis of the current enactment and describes the historic development of the fideicommissum institute The text contains four fundamental parts. The first presents the fideicommissum institute and its role and development in the Inheritance Law from the time of Roman Law. The author deals in this chapter with the intertemporal provisions and other coherent institutes, which go along with the fideicommissum institute. We talk about hereditas iacens and administration of the inheritance. In the next chapter, the author explains the current enactment in the Civil Code in detail and mentions the procedural enactment of the special Code on Specific Civil Proceedings as well. It consists of the foundation of the fideicommissum and the inheritance regime. The last chapter consists of comparison of the Czech and Slovak enactment. Taking into account that in the Slovac Republic is currently being prepared the new...
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Legal Position of the forced Heir
Stiborová, Barbora ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The subject of my theses is a special category of heirs so-called forced heirs. This theme describes their substantive position and guaranteed increased protection determined by law which is especially defined by right to share on inheritance to an extent determined by law. Will of testator is hereby limited by right of forced heir in forced share. Irrespective of most European regulations only offspring of testator are counted to the circle of forced heirs in the Czech Republic whereby the difference is between minors who are entitled to at least three quarters of share and majors who are entitled to minimum of one quarter determined by legal inheritance share. This thesis is systematically divided into seven chapters. After general historical background and general terms of inheritance law explained in the second chapter, next chapter is continued by the definition of several institutes which are mutually interlinked and also closely related to the person of forced heir. Fourth chapter is dedicated to right of forced share in which I am focusing on its calculation, offsetting and final payment. I completely describe, by means of legal jurisdiction, disinheritance and incapacity to inherit in the two following chapters. Last chapter includes two institutes which, under influence of NCC (New civil...
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