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Inheritance proceedings in the Czech Republic and Austria comparative study
Gadasová, Simona ; Macková, Alena (advisor) ; Frintová, Dita (referee)
108 Inheritance proceedings in the Czech Republic and Austria Abstract This rigorous thesis entitled "Inheritance proceedings in the Czech Republic and Austria" focuses on the analysis of legal regulation of probate in both mentioned countries and also on their comparison. The aim of this work is not a detailed description of all institutes related to probate, but rather a comprehensive overview of the proceedings in both countries. Furthermore, this thesis focuses on pointing out the problems occurring in notary practice in connection with inheritance proceedings, which in some respects are brought about by unclear legal regulation as well as certain changes and news in society, which are also manifested in court proceedings. Part of this thesis is also the proposal of possible legislative solutions to the mentioned problems. The work itself is divided into three main parts, namely Inheritance proceedings in the Czech Republic, Inheritance proceedings in Austria and a Comparison of probate proceedings in the Czech Republicand in Austria. The first part of this thesis focuses on the historical development of notaries in our country, its current status and legal regulation. Subsequently, the probate proceedings are described in general terms, including the principles applied in it, its participants and also...
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Judiciary, Advocacy and Notary in Strakonice 1850-1938
PODHORSKÁ, Anna
Supposed work on the theme Judicary, Advocacy and Notary in Strakonice 1850-1938 deal with development of legal rules and state administration since the days of birth of district courts` system until period of end of the first republic. Forementioned time period was selected intentionally on the basis of extant archive materials, which were necessary for elaboration of the subject. Concretely the work applies itself to description of workload of juridical profession, personal life of their representatives operating in Strakonice and eventually to their function in community. Law and order deputies played a important role not only in political but also in cultural and public life. Very often they acted in municipal government, in some cultural club and of course they performed their professions at the same time. So called provincial practice run at small town did not offer big or revolutionary cases, still it was interesting. Spectrum of adjudications and legal and notarial agenda provide insight to people{\crq}s manners and behaviour in a given period. Purpose of the work is to bring closer juridical history of the region I come from.
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The activity and importance of a notary in inheritance proceedings
Kroupa, David ; Sedláček, Miroslav (referee)
The activity and importance of a notary in inheritance proceedings The topic of this rigorous thesis is the function and significance of the notary in the inheritance proceedings with a focus on activities aiming to fulfil the main goals and implementation of these functions in the inheritance proceedings as well as the clarification of the decision-making activities. The main objective of this rigorous thesis is to provide its reader an overview of issues related to the inheritance proceedings, specifically concerning the main objectives and functions of these proceedings as well as the decision-making activities and the importance of the notary. In accordance with the set objective, the core of the rigorous thesis is focusing on the activity of a notary fulfilling the main functions in the inheritance proceedings, i.e. on his legitimating and property function. Furthermore, the thesis concerns the decision-making function of the notary, as well as the decision-making process of the court in the inheritance proceedings or more precisely the decisions representing the result of this activity. The rigorous thesis has a following structure. It begins with its introduction. Furthermore, it is divided into five chapters which are subsequently divided into detailed and interconnected chapters devoted to...
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The notary and civil procedure
Štibingerová, Radka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The title: The notary and civil procedure The aim of the thesis is to map the activity of notaries in the legal order of the Czech Republic, which is considered to be very specific by public. The thesis focuses on the relationship of the notary and the civil procedure. It deals with the role of the notary in the civil procedure. The thesis is divided into six chapters. The first one describes the history of a notary public and the assumptions for notarial activity and for its commencement are also clarified. Part of this chapter deals with the basic features of the notarial profession, such as the impartiality and independence of notaries, the principles of which notary public is controlled, and notarial career. The second chapter of the thesis focuses on the relation between a notary and civil procedure, which can be defined as process of the court and the participants in order to provide the protection of subjective rights and obligations. One of the areas, where the role of the notary is reflected is legal assistance. The third chapter concerns with the provision of the legal assistance by the notary. The notary may act as a representative of the party and then has the status of a lawyer. The term legal assistance refers to representation in the proceedings before courts and other authorities,...
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A notary in inheritance proceedings
Kejvalová, Petra ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
A notary in inheritance proceedings The aim of the study is to describe the activity of the notary as a court commissioner in inheritance proceedings and to compare Czech and Slovak legislation on this issue. In our legislation the inheritance proceeding is mandatory, as well as court commissariat, which means that when the court learns of the death of the person promptly starts the inheritance proceedings and instructs the court commissioner with the acts in proceedings. Court commissioner has de facto the control of the inheritance proceedings in his hands and with small exceptions he makes all acts in the proceeding. I chose this theme because I am interested in notary in general and court commissariat is one of the most important activities of the notary. This study is divided into three parts: 1.part- Notary in the inheritance proceedings in Czech Republic, 2. part- Notary in the inheritance proceedings in Slovak Republic, 3.part-final summary and the comparison. The parts are further divided into chapters and subchapters. I and II. part are structured similarly, but differ in scope. First part is more detailed and brings out also some problems, which are connected with this institution. In this part, I wrote also about some aspects of court commissariat in Austrian legislation to provide better...
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Inheritance proceedings
Černá, Kamila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Inheritance proceedings The goal of my Master's thesis is to describe in detail the course of the inheritance proceedings. Even though, the overall rule states that inheritance is assumed at the moment of decedent's death, the inheritance proceedings must take place. It is therefore a procedure set by law that is presided by a notary as a court commissar who is authorized by a competent court. During the proceedings, the notary locates decedent's inheritors, his assets and debts. With conclusion of the proceedings, all decedent's property relations are assorted in order. Simply it can be said, the conclusion of the inheritance proceedings is a division of decedent's assets and debts among all heirs. This thesis is divided into five chapters. The first chapter describes the history of the inheritance proceedings and the position of a notary as a court commissar in the period in between the First Republic to the contemporary practice. Furthermore, the contemporary inheritance proceeding is characterized as well as its function and legal framework, including its demarcation as a non-adversarial process. The second chapter deals with matters of court's authority and competence for the inheritance proceedings. The subchapter with inheritance proceedings with a foreign aspect, e.g. inheritance proceeding...
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Disputes over inheritance law in inheritance proceedings
Stoklasová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Disputes over inheritance law in inheritance proceedings Abstract This thesis deals with the inheritance proceedings. The thesis is primarily focused on disputes over inheritance law that may arise during the inheritance proceedings and which must be resolved in the ways prescribed by law before the final decision on inheritance is made. The content of this thesis is divided into four main chapters. The first chapter is devoted to the general characteristics of inheritance proceedings. The purpose was to describe which legal provisions regulate the inheritance procedure, on which principles the procedure is based and what its normal course looks like. Chapter two is focused directly on the disputes over inheritance law. The subchapters describe what a dispute over inheritance law is and how it is defined by the Act On Special Court Proceedings. On the contrary, it is also described what the case law or commentary literature does not consider as a dispute over inheritance law, although this may not be obvious at first sight. The procedure for resolving such disputes depends on whether the dispute is based solely on a legal assessment of the situation, or whether the facts on which the right of succession of individuals depends are the subject of the dispute. The aim of the subchapter, which focuses on the...
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Liquidation of the inheritance in Czech and Austrian legislation
Gadasová, Simona ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
59 Liquidation of the inheritance in Czech and Austrian legislation This diploma thesis is focused on the over-indebtedness of the estate in two countries, namely in the Czech Republic and in the Republic of Austria. Its main goal is to analyse the current situation, compare the differences between the two countries and point out the problems of current legislation. In this thesis, there was mostly used descriptive method, in combination with the comparative method. The Austrian legislation was chosen for comparison because of the history that unites the two countries. Austria-Hungary, of which both countries were part, provided the basis for the current standards of both countries. The text of the diploma thesis itself is divided into two main parts. The first of them is focused on legislation in our territory. At the beginning, the reader is acquainted with the development of legislation, which ends with the currently valid laws. Furthermore, the estate proceeding is described, thus its process, the main institutes and the position of the notary as a court commissioner. Then, the assumptions under which the liquidation of the inheritance is ordered are analysed and also its influence on further proceedings. There i also analysis of the procedure of comparison of assets and liabilities, the methods of...
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Direct registrations in the Commercial Register by a notary
Šleglová, Kateřina ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
This thesis deals with the direct registrations in the Commercial Register performer by a notary, as an alternative to uncontested court proceedings at the registrar court. Main goal of this thesis is to analyse and assess this method of registering facts in one of the types of public registers through a thorough analysis of all requirements for a registration in the Commercial Register by a notary laid down by relevant legislation, including a comparison of selected aspects of the whole process with partial steps of the register procedure. First of all, the thesis presents a historical excursus describing the development of the position of a notary in relation to the Commercial Register and the growing importance of notary activities, which justifies the legislator's decision to entrust the competence to perform direct registrations in the Commercial Register to the notaries. The following chapters are focused on the current legal regulation of this matter. First, the thesis deals in general with the essence of performing direct registrations by a notary. The following chapters contain the core of the thesis, that is the analysis of all the conditions that need to be fulfilled in order to enable a notary to perform a registration in the Commercial Register, which are namely the existence of a so...
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Notary's activity in inheritance procedure
Lukešová, Zuzana ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Notary's activity in inheritance procedure Abstract Intention of this rigorous work is to provide a practical overview of the various tools used by the Judicial Commissioner in the preliminary inquiry into inheritance proceedings and to point out their advantages or disadvantages. This is not a comprehensive overview, as the main focus is on individual records, information systems and lists, with the help of which the Judicial Commissioner finds out the data necessary for the procedure in the proceedings and the issuance of a decision on the merits. The topic of the thesis "Notary's activity in inheritance procedure" with a focus on investigations in individual records available to the court commissioner thus reflects the fast increase of number of records used by the court commissioner, which has occurred over the last ten years. The introduction defines the individual chapters of the rigorous thesis. Therefore, in order to proceed to the very definition of records, their analysis and evaluation, it was considered necessary to first define the term notary, notary office, deputy notary, deputy notary and then the term notary office and notary staff. In order to define the activities of a notary as a court commissioner in relation to other notarial activities, the types of notarial activities were described,...
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