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Debts and claims of the deceased
Siberová, Pavlína ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
The thesis deals with the topic of debst and claims of the testator and legal regulation of responsibility of heirs for debts of the testator in the Czech legal system and compares it with legal regulation in other three european countries. Second chapter is focused on the principle of universal succession and exceptions from the priciple. Third chapter includes historical developement of regulation of responsibility for debts and related instruments. Fourth chapter thoroughly explains and analyzes the instrument of the inventory clause and deals with posibility of unlimited responsibility of heirs, which both were not contained in Civil code from 1964, but new czech civil code now include them. Fifth chapter focuses on three instruments - refusal, give up and renunciation of succession claim. Important is also sixth chapter which shifts the focus on bequest (legacy). It explains this restored instrument which forms the singular succession with no responsibility for debts. Then it analyzes the legal position of legatee as a creditor and describes distinction between heirs and legatees. Seventh chapter points out problems of creditors of the testator which often occured according to former regulation in Civil code from 1964 and then describes new instruments of New civil code - that is separation of...
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Debts and claims of the deceased
Siberová, Pavlína ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
The thesis deals with the topic of debst and claims of the testator and legal regulation of responsibility of heirs for debts of the testator in the Czech legal system and compares it with legal regulation in other three european countries. Second chapter is focused on the principle of universal succession and exceptions from the priciple. Third chapter includes historical developement of regulation of responsibility for debts and related instruments. Fourth chapter thoroughly explains and analyzes the instrument of the inventory clause and deals with posibility of unlimited responsibility of heirs, which both were not contained in Civil code from 1964, but new czech civil code now include them. Fifth chapter focuses on three instruments - refusal, give up and renunciation of succession claim. Important is also sixth chapter which shifts the focus on bequest (legacy). It explains this restored instrument which forms the singular succession with no responsibility for debts. Then it analyzes the legal position of legatee as a creditor and describes distinction between heirs and legatees. Seventh chapter points out problems of creditors of the testator which often occured according to former regulation in Civil code from 1964 and then describes new instruments of New civil code - that is separation of...
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Bank guaranty
Siberová, Pavlína ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
- Bank guaranty The thesis deals with the topic of bank guarantee and its legal regulation in the Czech legal system. The purpose of this thesis is to provide comprehensive characteristics of bank guarantee, both from theoretical and practical point of view. The thesis can be divided into tweleve chapters. The first chapter is the introduction a and the last chapters contains conclusion. Second chapter is focused on nature and function of securing instruments and their legal regulation in respective legislation. Third chapter compares bank guarantee with ordinary guarantee. Then includes historical development of bank guarantee and regulation of the instrument in the Commercial Code, in legislation of public law and in Uniform rules issued by International Chamber of Commerce. Fourth chapter is the focal point of the thesis. It explains relations between subjects participating in bank guarantee. These subjects are principal, benefictiary and bank. The fourth chapter also analyzes objections of bank, assignment of the rights from bank guarantee and guarantee charge. Lastly, it contains description of secured obligation and abuse of right to demand performance with its possible consequences in criminal law. Fifth chapter focuses on letter of guarantee and its content. Then it thoroughly analyzes...
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