|
|
Testament
Příhodová, Michaela ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
This thesis addresses the issue of wills. A will is the most common and most frequent disposition of property upon death, through which the deceased can effect his wishes regarding how his assets will be disposed of in the event of his death. The aim of the study was to determine whether the issue is now comprehensibly regulated, whether it meets the needs of the people and whether is suitable for the people who deal directly with this issue, in particular notaries. The work is focused on the current legislation regarding wills contained in Act no. 89/2012 Coll of The Civil Code, which is markedly different to the previous legislation as per Act no. 40/1964 Coll. of The Civil Code. Specifically, this thesis addresses the characteristics of wills, their interpretation, contents, subjects, forms and methods of revocation.
|
|
|
Testamentary succession in Roman law and its reflection in Czech law
Viduna, Daniel ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The theme of this rigorous thesis is a "Testamentary succession in Roman law and its reflection in Czech law." The topic I have chosen both because of his interest, since the institute inheritance affects each of us and testament is a tool for the testator to dispose of their property on their own will. Another reason for choosing this theme is a recent recodification of private law. The aim of this work is to evaluate the influence of Roman law on legislation applicable in the territory of the Czech (Czechoslovak) republic since its inception (1918) to the present. This thesis is divided into eight chapters. The first two chapters are general initiation into the issue of inheritance law. The third chapter deals with testamentary succession according to Roman law, while the first is dealing with the succession as such, as well as the issue of acceptance and rejection of heritage and protection of the legitimate heir. The following is a main part aimed directly at testament, on its requirements, forms and also its possible annulment and the possibility of abolishing it. Finally, the chapter discusses the so-called succession against the testament, thus on the rights of the heirs can't be disregarded. Chapters fourth to seventh focus on testamentary inheritance succession in the laws in force on our...
|
|
|
Testamentary inheritance
Bareš, Lumír ; Dvořák, Jan (advisor) ; Šustek, Petr (referee)
The rigorous thesis provides an insight into legal regulation of testamentary succession in the civil code and new Civil Code in comparison with the german regulation. It is divided into six chapters that are further structured into sub-chapters where are terms, institutes and other matters related to this subject explained in depth. The thesis is mainly focused on interpretation of the current hereditary right that is combined with practice of the courts. In parallel is every chapter that discusses the current legislation, compared with the old civil code. The thesis also includes a historical overview, beginning with the Roman law. The last chapter analyses the legal regulation of testamentary succession in Germany with description of institutes that are different from Czech legal regulation. Powered by TCPDF (www.tcpdf.org)
|
|
|
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.
|
|
|
Testament - a comparison of Czech and German legal regulation
Svejkovská, Teodora ; Dvořák, Jan (advisor) ; Elischer, David (referee)
v anglickém jazyce The aim of the thesis is to compare legal regulations of testament in the Czech and German legislation. A maiori ad minus methodical procedure is used in the thesis. After general characteristics of testament, the work is focused on the regulation of testament in Roman law, which significantly influenced the current legislation in the Czech and German law. Furthermore, the attention is paid to the regulation of testament on the Czech territory during 20th century, especially to the Czech Civil Code 40/1964. Subsequently, the thesis characterizes the current legal regulation of testament in the Czech Civil Code 89/2012 in detail. This analysis is mainly based on legislation, expert commentaries and literature, judgment and internet resources. After processing the Czech regulation of testament, the thesis changes its area of interest to the regulation of the German legislation of testament. At this chapter similar methodological procedure and legal resources were used. The comparison of testament in the Czech and German legal system showed following conclusion: although the legal regulation of testament is very similar, especially due to the historical roots of Czech and German law, several significant differences have been revealed, e. g. the concept of capacity to dispose, the...
|
|
|
Notarial deed as an obligatory form of juridical act for disposition mortis causa
Ševců, Kateřina ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Notarial deed as an obligatory form of juridical act for disposition mortis causa The purpose of my thesis is to discuss about juridical act for disposition mortis causa which for its validity requires mandatory form of notarial deed with a brief explanation of particular institutes. Submitted work is divided into eight chapters, the first chapter begins with a foreword by which is the work briefly introduced and shows the readers in the issue. The second chapter discusses about the importance of a notarial deed of juridical act for disposition mortis causa and highlights the benefits of drafting these documents by professional lawyer, such as notary, in comparison with risks that might come if the acquirer of these documents decides for a private form. In this chapter I also show on the probative force of public documents compared to private documents. In conclusion of this chapter is a brief list of the mandatory requirement of a notarial deed of juridical act for disposition mortis causa, including authorization to admit and lend these notarial acts. The third chapter deals in detail the "old-new" institute of contract of inheritance, its history and a brief comparison with the institute of donation mortis causa. The fourth chapter of my work pays attention to renunciation of the right of...
|
|
|
Inheritance procedure
Fišerová, Tereza ; Frinta, Ondřej (advisor) ; Pohl, Tomáš (referee)
I have chosen the subject of Inheritance procedure in order to get more familiar with this area of law. With the help of effective legal regulations this thesis was aimed to make a thorough analysis of the inheritance procedure and to find a better solution to some of the problematic aspects of the current legislation. In the introduction I briefly deal with some of the historic events. At the same time, I mention changes which will be introduced by the new civil code. Then, the inheritance procedure is generally charecterised and I deal with the authority and competence of the courts, with the subjects of the inheritance procedure and with its delivery. The next part looks into the process specifically. It includes the following chapters: Initiation, Further progress, Inheritance administrator and the preliminary measures, Preparation of materials for the proceedings, Proceedings, Settlement of the common property of spouses, Inventory of assets and liabilities, Final resolution on the heritage, Overindebted heritage and Corrective tools. The chapters which follow deal with the dependencies among the inheritance, enforcement and insolvency proceedings. In the final chapter I summarize my suggestions which I concluded during the process of writing this thesis, as well as present my own attitude to...
|
|
|
Autonomy of testator's Will
Šotová, Sandra ; Švestka, Jiří (advisor) ; Pohl, Tomáš (referee)
The rigorous thesis provides an insight of free testator's will. It is divided into five chapters that are further structured into sub-chapters where are terms, institutes and other matters related to this subject explained in depth. The thesis is mainly focused on interpretation of the current hereditary right that is combined with practice of the courts. In parallel is every chapter that discusses the current legislation, compared with the proposal of the new civil code. The thesis also includes a historical overview, beginning with the Roman law. The last chapter analyses the proposal of the new civil law with description of institutes that were not mentioned in previous chapters.
|
|
|
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.
|
|
|
Issues of judicial proceedings of inheritance in the Czech Republic
Bartoníčková, Lenka ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
This diploma thesis characterizes a specified field of the civil law that deals with the judicial proceedings of inheritance through the analysis of professional literature and relevant case law. The attention is especially devoted to development of the legislation, the proceedings in the beginning of this judicial proceedings and its parties, the minor included, possible discretions of the decedent with his belongings, the conflicts appeared in this judicial proceedings, the settlement of the estate in entirety, the question of the overextended asset and the selected issues of judicial proceedings of inheritance with the international aspect (Regulation (EU) No 650/2012 of the European Parliament and of the Council).The thesis points out the main amendments which have been brought to the judicial proceedings of inheritance by the recodification of the private law that has been in effect in Czech Republic since 01. 01. 2014. The thesis was composed by the method of description with elements of analysis and synthesis. The individual legal institutes are described, analytically examined and evaluated. There are presented their mutual connections and the view of the problematic as a whole. The comparative method was used as well by evaluating the present legislation with the former one that was in effect in the Czech Republic until 31. 12. 2013.
|
guest ::
