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Analysis of the adoption of selected principles of the Roman inheritance law in Central Europe
Macek, Dominik ; Šejdl, Jan (advisor) ; Falada, David (referee)
Analysis of the adoption of selected principles of the Roman inheritance law in Central Europe Abstract The diploma thesis deals with the analysis of selected principles of Roman inheritance law and their reception in the legal systems of Central Europe, specifically in the Austrian General Civil Code of 1811 and the Czech Civil Code of 2012. It does so through the study of ancient legal sources, modern Roman law literature, modern laws and relevant commentary literature. To compare the application of Roman law principles in modern law, the principle of compulsory share and the principle of nemo pro parte testatus, pro parte intestatus decedere potest were chosen. Since the reasons of delatio hereditatis and the principles belonging to them represent one of the pillars of the theoretical structure of inheritance law, it is appropriate to stress their Roman law roots. The reason for this examination is also the fact that in many modern codifications of civil law, Roman law is highlighted as an ideal model, and it is therefore necessary to examine whether modern legislation is really influenced by Roman law and whether it is not just a pleasing proclamation by the legislator. The diploma thesis deals with the development of the mentioned principles in the Roman history and also with exceptions from these...
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Roman law aspects of acquiring poperty in the Civil code
Kadlecová, Tereza ; Bělovský, Petr (advisor) ; Šejdl, Jan (referee)
Roman law aspects of acquiring property in the Civil Code Abstract The thesis deals with the modes of acquiring ownership in the Czech Civil Code, Act No. 89/2012 Sb., as well as in the Roman law. The aim of this thesis is to find the Roman- law context in the modes of acquiring ownership regulated by the current Civil Code. The thesis is divided into three parts, the first deals with the ownership in general, the original modes of acquisition of ownership are analysed in the second part, and the derivative modes of acquiring of ownership in the third. The aim of this thesis is not to describe all possible modes of ownership acquisition in detail, but to briefly introduce them and compare the above- mentioned legislations. The Civil Code is based on principles of Roman law. It is, however, understandable that the current legislation is different from the Roman law, as the Civil Code was adopted almost fifteen centuries after the famous Justinian codifications. The thesis describes the original modes of acquiring ownership. The original modes according the Civil Code include appropriation, discovery, natural accession (incl. accession of an immovable thing, alluvium and tear-off, and accession of movable things incl. acquiring fruits), mixed accession (incl. sowing and planting), artificial accession (incl....
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Jus vitae necisque
Codl, Marek ; Skřejpek, Michal (advisor) ; Falada, David (referee)
This thesis deals with the ancient institute of Roman Law, the power of life and death, one of the powers that belonged to the father of Roman family of its members. It is focused on the scope of that power in particular periods of the Roman Empire, conditions under which that power could be used against concrete persons and legal sources dealing with the power of life and death. This thesis also deals with specific expressions of the power of life and death and their changes in the course of the historical periods of the Roman Empire, particular chapters are focused on the period of the Roman Kingdom, the Roman Republic and the Roman Empire. In further context, this thesis deals with the paternal power of the Roman father, that included the power of life and death.
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Acquisition, Protection and Limitation of Ownership
Lamačová, Jana ; Salač, Josef (advisor) ; Plecitý, Vladimír (referee) ; Petr, Bohuslav (referee)
The objective of my thesis was to provide a comprehensive survey on ownership as a legal institute and one of man's important values. It should be presented in the historical context and its development should be drawn up both over the course of several centuries and through various communities of people, whether under a totalitarian regime or free. My thesis consists of 4 major parts. Part 1 is dedicated to Roman law and includes chapters on the subject of ownership, acquisition of property, protection of ownership and limitations of ownership. Part 2 describes the development of ownership in our country. Specifically it analyses the General Civic Code - ABGB, Civic Code - 141/1950 Coll. and Civic Code - 40/1964 Coll. My objective was also to give at least a partial insight into the legal regulations regarding ownership in other states. Given the fact that this is an extensive matter, it appeared to be most effective to do a survey of ownership at the constitutional level in EU countries, namely Spain, Germany, Luxembourg, France, Greece, Portugal, Lithuania and Hungary, see Part 3 hereof. I assumed a more detailed treatment of ownership at the constitutional level would be applied in western countries. However, this hypothesis turned out to be wrong at least in the cases of Spain and Luxembourg....
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Main Principles and Elements of Roman Procedural Law
Škeříková, Jana ; Skřejpek, Michal (advisor) ; Blaho, Peter (referee) ; Židlická, Michaela (referee)
My doctoral thesis is focused on the main principles and elements of Roman procedural law. However, during my research I realised the terms are very similar. One of the main points of my thesis is dedicated to the constitutional system of Roman republic and its norms, including the very important law codex, the Twelve Tables Law. Moreover, I take the Justinian Codification of Roman law into focus. A very important source is also antique literature, texts of prominent lawyers and various types of administrative acts. A vast inspiration can be found in many European museums. The main principles and elements are applicable to actions, defendants and plaintiffs, to judicial hearing and to the days when judicial hearings could be held. I focus on principle of equity, good faith, and necessity of defense, res judicata, principle of appellation, pecuniary condemnation, and principle of assessment of evidence. The last chapter reviews other principles. It is also important to mention that different types of procedural cases are specific in their own way. I focused on describing the differences as well. My thesis analyzes seven most important principles. The first and the most important one is equity. My research shows that this principle is common to all areas of roman procedural law. I tried to explain...
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Succession management, with a focus on selected issues expenditure in legal theory and practice
Krchová, Karolína ; Pikola, Pavel (advisor) ; Jaromír, Jaromír (referee)
The theoretical part is focused on explanation of the Institute of inheritance law. It includes view of its development in the Czech Republic and the overall view of the current legislation. Explains who he is deceased, the heir, legatee, heir sidestepped and what's estate. It defines an inheritance tax according to the new and recent legislation in force. Inform the development of inheritance tax.
The practical part deals with the specific data obtained from the site of financial management and the Ministry of Finance. There were detected revenues, expenses, balance the state budget, collection of inheritance tax and then all indicators compared.
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Judicial Responsibility and Limits of the Decision-making Process in Roman Law
Havel, Tomáš ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The aim of the thesis is to highlight various legal institutions which have carried over into modern times from Roman law and at the same time to provide a historical perspective for the on-going discussion about the changes in contemporary Czech justice. The main subject of the thesis is the responsibility of a judge and the limits of the judge's actions during the period of Roman republican law. Although the primary focus of the thesis is civil law, excursions into penal law as well as into the law of the Roman Empire are necessary in order to maintain the integrity of the text.
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Significance of the formalisation of the conception of the roman citizen for the development of roman law
Falada, David ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee) ; Židlická, Michaela (referee)
As a pre-requisite for the Roman law to come into existence, a community of people had first to emerge; a community identifying itself vis-à-vis its surroundings. Legal norms that came into being in such community, rather simple legal norms at the time of their hypothetical origin, were gradually developed in line with the development of such community throughout the times. The outcome is an elaborated system of Roman law that communicates with us even today. The presented paper endeavours to shed some light at some profound aspects of the formation of the Roman nation on its road to the definition of the Roman citizenship. In the case of the Romans we cannot use simple definition features, such as the language (as the Latin language was shared by other peoples of the ancient Italy) or the religion (as the ancient polytheism intertwined various cultures of the given times) or a territory. The paper offers views into the combinations of the Roman culture with those other ancient cultures that shared numerous aspects with it and that had a formatting effect on it. It also addresses the role of the religion in the formatting process of the original Roman society. The result is an attempt for a definition of the Roman nation, i.e. the personal area serving the creation and development of the Roman law...
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Inheritance law in theory and practice
Tůmová, Kristina ; Spirit, Michal (advisor) ; Pavlincová, Jana (referee)
Subject of the Bachelor thesis "Inheritance law in theory and practice" is dedicated to the most significant changes between new and old Civil code, in the right of succession area. New Civil code broadened the provisions concerning inheritance and brought back some expressions used in previous civil codes. The goal of the theoretical part is to familiarize readers with the evolution process of Inheritance law in the Czech Republic territory from the beginning of 20th century until the present day. A concrete case was chosen for the practical part, judged by the old Civil code. In the case is shown, how insufficient legislation can affect interpretation of the law. In the conclusion a model situation is added to illustrate what would happen if the important questions in this case were heard by the new Civil code.
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Heritage as a change in property right
Layerová, Jana ; Spirit, Michal (advisor) ; Měchurová, Miroslava (referee)
This work deal with a heirship from the historical view. It contains legal form of heirship in the Roman law and continues with this question in Czech law in the past. In the Roman Law it discusses descent on intestacy, testaments, status of heritors, their protection and other kinds of last wills. In the Czech heirship it handles about indivisible system, testaments and descent on intestacy. Further it deals with the development of the Civil Code from 1627 to 1964. The last chapter compares the present Civil Code with the project of new Civil Code and there are formuled positives and negatives of these legal forms.
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