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Inheritance proceedings in the Czech Republic and Austria comparative study
Gadasová, Simona ; Macková, Alena (advisor) ; Frintová, Dita (referee)
108 Inheritance proceedings in the Czech Republic and Austria Abstract This rigorous thesis entitled "Inheritance proceedings in the Czech Republic and Austria" focuses on the analysis of legal regulation of probate in both mentioned countries and also on their comparison. The aim of this work is not a detailed description of all institutes related to probate, but rather a comprehensive overview of the proceedings in both countries. Furthermore, this thesis focuses on pointing out the problems occurring in notary practice in connection with inheritance proceedings, which in some respects are brought about by unclear legal regulation as well as certain changes and news in society, which are also manifested in court proceedings. Part of this thesis is also the proposal of possible legislative solutions to the mentioned problems. The work itself is divided into three main parts, namely Inheritance proceedings in the Czech Republic, Inheritance proceedings in Austria and a Comparison of probate proceedings in the Czech Republicand in Austria. The first part of this thesis focuses on the historical development of notaries in our country, its current status and legal regulation. Subsequently, the probate proceedings are described in general terms, including the principles applied in it, its participants and also...
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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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