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Historical development of testament
Rudolfová, Johana ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Main goal of the diploma thesis was to present historical development of a testament in the area of Bohemia. Chapters of the thesis are put in chronological order and all the periods with an influence on the development are mentioned. At first an approach to testament in Roman law is presented, followed by feudal approach, an approach of the General Civil Code, approaches of totalitarian civil codes from 1950 and 1964 including changes which appeared after the Velvet Revolution and finally a new approach of the new civil code, Act No. 89/2012, taking effect on the January 1, 2014. To be able to understand fully the testament and all the related institutes it is necessary to begin with Roman law. It was the Roman law which laid the foundations for civil codes in Europe. This applies also to the testament in our area. Development in the following feudal period however was not positive when it comes to succession. Testament is therefore coming on the scene much later - mostly in form of code called city rights, which began a renaissance of the Roman law. The first complete civil code from 1811 was revolutionary when it comes to, besides other things, testament and succession. The General Civil Code was based on the Roman law traditions, it introduced extraordinary testamentary power for a testator,...
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