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Selected issues of inheritance law according to Act No. 141/1950 Coll., Civil Code, in comparasion with recent legislation
Mužík, Vít ; Šouša, Jiří (advisor) ; Blažek, Lukáš (referee)
Selected issues of inheritance law according to Act No. 141/1950 Coll., Civil Code, in comparasion with recent legislation Abstract The thesis deals with selected issues of inheritance law according to Act No. 141/1950 Coll., Civil Code (hereinafter referred to as "CC 1950"), and compares them with the current legislation. The Civil Code 1950, which came into force on 1 January 1951, significantly reformed the form of the existing (then) inheritance law, excluding a number of legal institutes from the legal system in order to simplify the legal regulation. For example, the legal institutes of the contract of inheritance, fideicommissary substitution, donation mortis causa, codicil, etc. were abandoned. The current legal regulation, i.e. Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "CC 2012"), which is partly inspired by the General Civil Code promulgated by Imperial Patent No. 946/1811 Coll., restores some of the previously abandoned legal institutes. It must be admitted, however, that in some essential matters of inheritance law the recent legislation also follows the tradition established by the CC 1950, in particular as regards the issue of the moment of transfer of rights and obligations from the testator to the heirs. Attention is paid to the nature of the rights and...
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Czech-French contrastive lexicological commentary on legal texts of inheritance law
Váchová, Aneta ; Jančík, Jiří (advisor) ; Listíková, Renáta (referee)
Czech-French contrastive lexicological commentary on legal texts of inheritance law The subject of this thesis is a Czech French contrastive lexicological commentary on selected legal texts in the field of inheritance law in legal systems of the Czech Republic and France. In three main chapters, the thesis analyses the lexical specifics of the French legal language - in contrast to the Czech legal language. Within these chapters, it was firstly necessary to define and specify the legal language, outline the various linguistic devices used and, last but not least, their application in the translation of legal texts. The first chapter deals in more detail with the legal language in general - its determination in the context of French and Czech legislation, the development of technical vocabulary, as well as the analysis of the individual requirements placed on the legislator when formulating legal texts. The second chapter is then devoted to specific paradigmatic meaning relations in legal language, in particular relations that violate the semiotic-logical relation between a form and a meaning (synonymy, polysemy), oppositeness, hyperonymy and hyponymy. Those relations are firstly explained and shown on examples from Czech and French inheritance law and then compared with the common language....
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Comparison of the Czech and French Law of Succession and analysis of the relevant French Legal terminology with a glossary
ZÍKOVÁ, Tereza
The main aim of this bachelor thesis is a comparative analysis of the Czech and French legislation on inheritance law. The secondary objective is the analysis of the relevant legal terms. The thesis is divided into four main chapters, which are subsequently divided into subchapters. The first chapter deals with the Czech legal regulation of inheritance law. The second chapter deals with the regulation of inheritance law in France and the third chapter compares the Czech and French regulation of inheritance law. The last chapter contains an analysis of specific French legal terminology and includes a French-Czech glossary. The thesis ends with a conclusion and a summary in French.
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The benefit of inventory in inheritance proceedings
Kejharová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The benefit of inventory in inheritance proceedings The thesis provides a description of an issue of heir liability to the debts of testators and a restriction of this capacity in a form of the benefit of inventory institute. The aim of the thesis is to provide a complex description of this institute and an impact of its use on the process of inheritance procedure. The thesis also deals with a legislation of an estate inventory and its practical usage. Part of the thesis is devoted to a comparison of a current legislation with the previous one as well as a comparison with the German legislation. The thesis is divided systematically into five chapters. The aim of the first chapter is to explain basic concepts and principles that should offer the reader a theoretical base, which means regarding an inheritance procedure per se and mainly to elucidate a concept of a testator's debts transfer in connection with a principle of universal succession. The second chapter deals with a comparison of testator's debts transfer to an heir included in the Civil Code with a previous legislation. The chapter outlines the ideological changes that occurred in the course of time and how these were projected into inheritance law legislation. A major part of the chapter deals mostly with a comparison with a common Civil...
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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the New civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them, compares them with German and Austrian civil codes and when appropriate gives my own opinion on the changes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, basic principles and position in the New civil code, Selected changes in civil law terminology, which are used in the following chapters. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, How to cancel it, Regular forms, Irregular forms, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that is combined with parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic...
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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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Inheritance contract as a new institute of succession law
Srp, Michal ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
The present work deals with an ancient and new-old legal institution of inheritance contract in actual private law. Inheritance contract (pactum successorium) was in the Czech legal order in the 50s of the last century as a traditional historical institute of inheritance law, and was conceived as the strongest inheritance title; its conclusion was nevertheless permissible only between husband and wife or fiancé. The mentioned problems began again to be relevant in the context of the government's draft of Act no. 89/2012 Coll., Civil Code (hereinafter the Civil Code), for the approval of the Chamber of Deputies took place on November 9th, 2011. The re-codification represents a return of inheritance contract to the Czech succession law, but it has also brought a number of other major institutes that current regulation for a long time neglected or did not even know. Institute of inheritance contract emphasizes the will of the testator, to whom gives another opportunity to arrange his property in case of death (mortis causa). Its peculiarity is that it combines both elements: the last will (testamentary nature) from which it has developed and elements of the contract (contractual nature). Powered by TCPDF (www.tcpdf.org)
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The will of the testator under the new Civil Code
Valešová, Nina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The subject of my diploma thesis is to show in detail and describe the basic institutes of inheritance with regards to the autonomous will of the testator, according to the Civic Code after the recodification in force since 1.1.2014. With regards to significant and extensive changes of the means, with which the testator can manage the treatment of the inheritance mortis causa, I considered this subject relevant and that is why I chose it. I tried to supplant a wholesome view of the possibilities open to testators in case they decide to change the division of their property out of the lawful hereditary succession. The thesis is divided into six chapters that contain the history of inheritance in our country, basic terms, reasons for the creation of the current codex, institutes governing the transition of the estate to the legal successor and the largest part explains the inheritance titles according to the changes brought about by the alteration of the civil law. In the first part of the text, I describe the historical development and basis of inheritance laws in the period since the last decade of the reign of the Habsburg dynasty, until the adoption of the Civic Code in 2012, since it is valuable to have at least some idea about the circumstances leading to the current way of inheritance. The...
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Alienation of inheritance
Hořejší, Dominik ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Alienation of inheritance - Abstract This diploma thesis deals as first only with issues of alienation of inheritance under § 1714 - 1720 of Civil Code. The diploma is about reintroduced institute standing in the boundary of obligational and inheritance law, which is related to aleatory contracts such as insurance, bet, game and lottery, and which was known by the law of First republic, and which roots are dated to the old Rome age, but which is by the present professional publick almost undiscovered. The objective of this diploma thesis was describe to professional and laical publick rules, principles of workings of this law institute. The diploma thesis in great details analyses present legislation and pays attention to all variants of aplication of this law institute in praxis. The diploma thesis further compares present legislation with her precursor, which was originated to the beginning of the 19th century together with Austrian ABGB, and as well describes judicature of Supreme Court based on this theme. Author of this diploma submits on hypothetical scenarios possible variations of use of this law institute and all of its variable verzions consisting primarly on aleatory or not aleatory of concluded contratc, further finds weak points of present legislation and proposes its novelization to level up...
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Statutory inheritance
Rutar, Radka ; Thöndel, Alexandr (referee)
Statutory inheritance Abstract This thesis discusses the legal regulation of inheritance law with emphasis on the institute of statutory inheritance, from the point of view not only of Czech law but also in comparison of the individual legal institutes with their foreign regulation. The aim of this thesis is to answer the question whether the current Czech legislation can provide a prudent, safe and predictable framework for the valid adjustments of property relations of the decedent and the participants of the inheritance proceedings after the death of the decedent The submitted thesis is structurally divided into three larger parts which further separate into a total of fifteen chapters. The first part of the thesis briefly discusses the gradual historical evolution of inheritance law and its codification on the territory of Czech lands and of historically related countries. The first part also includes the introduction of the purpose of inheritance law and its controlling principles, formulated at the beginning of the 20th century by the outstanding Czech lawyer Prof. Emanuel Tilsch. The individual institutes such as statutory classes of heirs, forced heirship or escheat are logically organised and described in detail from a historically-comparative perspective as well as from the perspective of foreign...
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