|
|
Legacy of current law of succession
Jelínková, Edita ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 Abstract Legacy of current law of succession This master's dissertation focuses on the traditional legacy of Roman law institute which, through the law no. 89/2012 of the Civil Code, has found its way back to the Czech legal system. The text of the paper is divided into two main parts which are not split equally by what they cover, however, the aim of the dissertation determined such division. The first part the dissertation outlines the historical foundations for the nowadays' form of the legacy. In short, the shape of the Roman law is covered in the introduction as an essential ground for further law adjustments. A comparison of two, from these days' perspective most important sources of law modification - the legacy's modification of the ABGB, and the modification of unimplemented government proposal of civil code of 1937 - follow. The comparison is replenished by an overview of the diminishing legacy's modification of civil code of 1950, and of the final legacy's refusal in civil code of 1964. The second part of the dissertation covers the in-force legal form of the Civil Code. The current form of the legacy is elaborated, following the taxonomy of the law. There is an emphasis put- alongside on the general description of the set issue - upon the dealing with chosen conflict situations which arise...
|
|
|
Transfer of inheritance to heirs
Chvalová, Teodora ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
TRANSFER OF INHERITANCE TO HEIRS Abstract The aim of the rigorosum thesis is to clarify the issue of transfer of inheritance to heirs. Particular chapters of the thesis are defined at the beginning. Main attention is given to the current regulation of transfer of inheritance to heirs set in § 1670 - § 1713 of the current Czech Civil Code. First of all, the inheritance and the decendent's estate are characterised for a better understanding of the chosen topic. Particular key terms related to the issue of transfer of inheritance to heirs are explained then. The administration of inheritance, the administrator of inheritance, his rights and duties, subject of administration of inheritance, free disposal of property, differences between simple and full administration of inheritance are mentioned. The inventory of inheritance, its aim, order, reimbursement of expenses, substitution, and incomplete inventory of inheritance and the issue of status of creditors is discussed as well. The closure of inheritance and the way of distribution of inheritance based on last will of decedent, determination of third person, agreement between heirs, decision of court, related settlement of heirs and allocation of claims and debts is analysed later. The issue of debts related to the transfer of inheritance to heirs is solved in...
|
|
|
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...
|
|
|
Devolution of the decedent's estate to an heir
Hochman, Oskar ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Devolution of the decedent's estate to an heir The thesis deals with the current legal regulation of the devolution of the decedent's estate to an heir. It is divided into six parts, which are further divided into chapters and subchapters. In the first part, the thesis deals with the issue of the acquisition of inheritance, in particular the principle of universal succession, the prerequisites for the acquisition of inheritance and disputes over succession right. The second part deals with the reservation as to estate inventory, its purpose and scope, as well as its order and replacement and its payment. The third part deals with the administration of the decedent`s estate, its purpose and scope. It also deals with the persons who administer the decedent`s estate and their rights and obligations. The fourth part of this thesis is devoted to the closure of the decedent`s estate, its purpose and the prerequisites for the closure of the decedent`s estate. Furthermore, the thesis continues with an analysis of the legal regulation of the confirmation and division of the decedent`s estate. In this part, the thesis examines the prerequisites for the confirmation of the acquisition of inheritance, but in particular to the different ways of division of the estate. The last (sixth) part dealing with debts...
|
|
|
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...
|
|
|
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...
|
|
|
Donation mortis causa
Drachovský, Ondřej ; Frinta, Ondřej (referee)
Donation mortis causa Abstract Inheritance law, in its broader concept donation mortis causa falls, is being referred to as the hearth of civil law since it interconnects both proprietary (contractual) and personal (family) aspects. Czech civil law recodification meant significant change of inheritance law legislation, including renaissance of wide range of legal institutions including donation mortis causa. This thesis aims to comprehensively and critically assess legal regulation of donation mortis causa in the Czech Civil Code. The emphasis is primarily put on problematic aspects of this regulation. The submitted thesis endeavours to find answer to the question of practical usability of the donation mortis causa. Its author attempts to provide a reasonable interpretation of provisions of lex lata concerning the subject matter of this thesis. The solution of the most serious legislative problems is proposed within the summary of the submitted text. As for the structure, this diploma thesis is divided into six parts, with each part being split in chapters and sub-chapters. The first part depicts the genesis and further evolution of the legal institution of donation mortis causa. The second part defines the terms fundamental for the thesis. This part also includes the answer to the ancient question, how to...
|
|
|
Inheritance contract and donation mortis causa
Salač, Josef ; Zvára, Michael (referee)
Inheritance contract and donation mortis causa Abstract This thesis presents, defines and examines two institutes of obligation-inheritance law, namely the inheritance contract and donation mortis causa, in the Czech law. Author deals with the most burning issues which are associated with these legal institutes. Thesis is divided into ten main parts. Each part is being divided into chapters and subchapters then. The first part aims to provide a brief introduction to the law of inheritance. Parts two to five are oriented to the historical genesis with a main focus to the present domestic legislation. Attention is also devoted to special regulations of the inheritance contract of spouses and registered partners. The sixth part presents, defines and puts the institute of donation mortis causa into the historical context. Donation mortis causa is a subject of the research in the Roman law and especially in the Czech law. Thesis analyzes donation mortis causa in both of its modalities occuring in the Czech law. The part seven deals with the Roman-law institute quarta Falcidia, due to its relations with the inheritance contract, donation mortis causa and legacies. The part eight is focused on the issues related to the inheritance contract and donation mortis causa with international element. Attention of this...
|
|
|
Testament
Šťastná, Jana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Testament Abstract The aim of this thesis was to provide a comprehensive analysis of the testament, one of the most important institutes of inheritance law. Act No. 89/2012 Coll., the New Civil Code, focuses on strengthening testamentary freedom, which permits the testator to decide, how his property is disposed of upon his death. This work is divided into three chapters. Chapter one brings general and comprehensive overview of legislation on inheritance law, notably with respect that inheritance law is part of to the private law. Attention has been paid to principles on which the law is based on. The work then defines the other two inheritance titles, i.e. heritage contract and intestate succession, and compares them with the "will". Second chapter, which is main theme of this master's thesis, outline discusses about the institute of last will, including obligatory and optional elements of testament, permissible forms of will, clauses, legatum and revocation the testament, while briefly considering some institutes more closely in the light of the current legislation. Finally, the paper examines Polish inheritance law, with an eye towards field of testate succession and explains the nuances within both systems. It sets out the fundamental differences. On the other hand points out the similarities, even...
|
|
|
Querella inofficiosi testamenti - fundamental basis
Macek, Dominik ; Bělovský, Petr (referee)
Querella inofficiosi testamenti - fundamental basis Abstract The topic of this thesis is Roman law of succession, specifically the presentation of fundamentals of a claim in Roman law by the name of querella inofficiosi testamenti. The introduction contains questions concerning its character, specifics, position in the system of Roman law of succession, origins and guiding principles, which the thesis aims to answer. To define the term of the claim properly, it was necessary to first outlie not only the oficium pietatis term, which was in the Roman legal theory used for regard to the closest family, but also the development of Roman law of succession from the absolute freedom of testation of the testator to their limitation by the determination of the reserved portion claim for close family. As for the interpretation of the claim itself, with regard to the fact that there is only a limited number of primary sources concerning the claim and connected issues, were those mainly used in combination with larger number of secondary, predominantly foreign Roman law literature, sources, which thoroughly study given topics. Querella inofficiosi testamenti is a claim that, if successful, can interfere with the legal certainty of existing inheritors by breaching the almost untouchable "Semel heres, semper heres"...
|
guest ::
