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The Development of Czech Law of Inheritance in Respect of the Autonomy of Testator's Will
Novák, David ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
S u m m a r y The goal of this thesis is to analyse the autonomy of the testator's will in the development of the Czech law of inheritance. The text is divided into nine chapters including introduction and conclusion. In the introduction there is defined the subject of the paper. In the first chapter readers may find the definition of the law of inheritance from different points of view and in different meanings. The basic legal principles of the law of inheritance are enumerated and described in respect of the topic. Then there is a brief recapitulation of the sources of the law of inheritance in the area of the present Czech Republic from 1811 until present in the last section of this chapter. All possible ways, how the testator can express his will, are generally described in the second chapter. There are mentioned legal tools of the testator's will for example testament, legacy, contract of inheritance, donation by cause of death, disinheritance, succession, conditions, directions etc. The principles and base of the above mentioned tools are given, as well, but mostly in the next chapters, where is described legal regulation of particular legal institutions in historical context. The following five chapters provide complete information about how every institute of the law of inheritance worked important...
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The forced heir and disinheritance
Kozlová, Ivana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
1 SUMMARY- FORCED HEIR AND DISINHERITANCE The subject of this thesis is the forced heir and disinheritance. The purpose of the thesis is to describe the current and future legal regulation while comparing them. Every testator is obliged to leave some part of the property to his or her forced heir. The forced heir is the testator's descendant and can be either minor or major. The only way for testator to avoid this obligation is to write a deed of disinheritance. There is a specified number of reasons of disinheritance; they are as follows: 1) the forced heir did not provide necessary assistance to the testator in disease, in old age or in a certain serious case 2) he did not show real interest in the testator 3) he was sentenced to imprisonment for at least one year 4) he led a dissolute life. The New Civil Code has replaced the third reason by following: the forced heir was sentenced for a criminal offense, which indicates his wicked nature, and adds one more reason of disinheritance, allowing to the testator to disinherit a wasteful forced heir. Both the current and future regulation of disinheritance are criticized for their generality and unclear definition of legal terms. The thesis is composed of 4 chapters. Chapter One is introductory and defines basic terminology used in the thesis: the forced heir...
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