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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...
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Condition to acquire inheritance
Vocetka, Jan ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1 Abstract This thesis deals with the conditions that need to be fulfilled in order to acquire inheritance. The aim of this thesis is to provide outlook into the matter of the law of succession and thoroughly describe and further analyse individual conditions of hereditary succession, which are legal requirements that needs to be fulfilled in order to acquire inheritance. In this thesis I systematically discuss the law of succession in its general meaning, canons of inheritance, legal sources of the law of succession and also legal institutes including several new ones which are govern in the new civil code. The main part of this thesis analyses individual conditions of hereditary succession. This thesis is composed of four chapters. Chapter one deals with the general meaning of the law of succession and in this chapter I provide introduction to the law of succession and define some fundamental legal terms. In chapter two I describe the canons of inheritance. This chapter is divided into three subchapters where I discuss in my opinion the three leading canons of inheritance. First subchapter deals with the principle of personal autonomy. Second one deals with the principle of universal succession. The third subchapter deals with the principle that the predecessor's possession is transferred by law to his...
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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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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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Problematics of probate proceedings in Czech Republic - inheritance law changes
Houska, Michal ; Spirit, Michal (advisor) ; Žák, Květoslav (referee)
The subject of this diploma thesis is inheritance, inheritance procedure and probate proceedings. It reflects the current (new) legal regulations founded by the Law No. 89/2012 Coll., Civil Code, as amended. The aim of the thesis is to analyse and evaluate the current legal regulations of inheritance in such a manner to provide sufficient amount of information about the basic terminology in this area of the law even to a layman. This applies to both substantive and procedural law. The thesis comprises of three parts. The first part focuses on the history of inheritance procedure with special emphasis in institutions introduced into current legal regulations. The second part contains an analysis of substantive law regulations of inheritance procedure. Several controversial points put to practice by the new regulations can also be found there. The third and last part deals with the procedural regulations and the probate proceedings.
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Inheritance law in theory and practice
Blodková, Gabriela ; Spirit, Michal (advisor) ; Žák, Květoslav (referee)
Subject of the Bachelor thesis "Inheritance law in theory and practice" deals with the law of succession applicable in the Czech Republic. In the theoretical part I pay attention to development of inheritance law, from Roman law to the present, after that I describe preconditions of inheritance law and its progress, including the possibility refusal of inheritance rights from the perspective of the New Civil Code. I put the emphasis on the most important changes between the former and the new Civil Code in the law of succession and on repeated implementation of some institutions. In the practical part there is analysed last will and then described the progress of the will by the notary. The practical part analyses last will and describes the process of acquisition of the will from the notary.
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Institute of inheritance law in the Czech Republic
Hlaváčková, Lucie ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This bachelor thesis deals with the inheritance law governing transfer of deceased's ownership rights and obligations to his legal successors. There are desribed rights variations of individual groups of inheritors with focus on inheritance legislation of persons without matrimony. The subject of this thesis is also inheritance proceedings, inheritance refusal, inheritance disability or disinheritance, including example of both local proceedings and Czech Supreme Court jurisprudence.
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Tax and Fee Burden of Inheritors
Oberhofer, Aleš ; Slintáková, Barbora (advisor) ; Kostohryz, Jiří (referee)
The aim of the bachelor thesis is to analyze the tax burden of inheritors. The first two chapters stem mainly from the provisions of the Act No. 357/1992 of the collection, on Inheritance, Gift and Real Estate Transfer Tax and the Act No. 40/1964 of the collection, Civil Code. They provide crucial information to determine both the Notary Fee and the Inheritance Tax itself. Then, the data are applied to a fictitious inheritance. In a simplified heritage management, the fictitious inheritance is analyzed and the Notary Fee and the Inheritance Tax calculated. The end of the bachelor thesis includes the derivation of the inheritors' tax and fee burden.
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The Turnover of Personal Effects as a Nursing Staff's Problem
PEČENKOVÁ, Ladislava
The Turnover of Personal Effects as a Nursing Staff´s Problem The subject of death is part of life. For nursing staff, a very difficult and psychologically very demanding situation and part of their work is having to onform the next-of-kin that their relative´s life has ended. Conveying such news requires good ethical and communication skills on the part of the nurses. In addition to psychological stress, there are other aspects that have to be dealt with, e.g., communication as such, as well as proprietary and family relation with the next-of-kin. The objective of my research was to identify the problems that nursing staff members encounter when turning personal effects of the deceased over to the next-of-kin. With this objective in mind, I formulated my first hypothesis. The nurses´ primary problem during turnover of personal effects is communication. Secondly, I wanted to find out about the nurses´ preparedness for communication with next-of-kin and for turnover of personal effects. Finally, I wanted to see, whether the nurses needed anything to be able to handle the process adequately. For addressing the latter question, I created a second hypothesis. The nurses´ perception of the process of turnover of personal effects depends on the suitability of the environment. This undergraduate thesis is divided into two parts: a theoretical and a practical one. In the theoretical part, man´s death as well as care for the dying and the dead is described from historical and present-day perspective. Various rituals, legal steps, communication problems, and their effect on nurses are described. A quantitative survey was taken using the technique of hard-copy questiinnaires. The questionnaire was anonymous and contained 34 questions. It was addressed to the nursing staff in oncology, internal medicine, surgery, and geriatric hospital wards, as well as psychiatricasylums and homes for the elderly in the Vysočina and South-Bohemian Regions. The results of my survey refuted the first and confirmed the second hypothesis of mine. The thesis also myps the problems that nurses in these wards encounter most frequently. The nurses´ suggestions can be useful to managements of medical and social institutions seeking practical solutions for facilitating and improving the quality of the process of turning over the personal effects of he deceased.
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