|
|
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,...
|
|
| |
|
|
Testament in Czech, Austrian, German and Swiss law
Pixa, Václav ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
121 Testament in Czech, Austrian, German and Swiss law, abstract in Czech language. In this thesis with the title Testament in Czech, Austrian, German and Swiss law I aim to acquaint myself in detail with the problems of testamentary heiress order in individual legal orders and to identify differences that can be observed in comparative legal regulations. Thesis is sorted to chapters. In each chapter I will discuss topic analysed in order OZ, AGBG, BGB, ZGB, including appropriate case law. Further I will refer differences or matching between single legal orders. Of the above we must say, that in the application of the aforementioned systematic, there were inevitably occasional duplication of expressions and phrases, which may evoke impression of it being frequently repeated but in spite of the above-mentioned problems I considered it to be necessary to mention these textual parts in order due to make it easier to compare individual legal regulations. In the introduction of thesis I will focus on the basic concepts of inheritance law such as the death of the testator (Erbfall), inheritance (Verlasschenschaft), creation of inheritance law (der Entstehung des Erbrechts), further I will explain concept of hereditas iacens (ruhender Nachlass) and shortly I will describe eligible heir (erbfähiger Erbe). In the...
|
|
| |
|
|
Testament with a special focus on fideicomissum
Bártová, Magdalena ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
This rigorous work deals with the testamentary succession which is complemented with a new institute within the law of succession regulation - fideicommissum. The content of the work is divided into five main chapters whereas it is proceeded from general interpretation of law of succession taking into account history because above all the law of succession it one of the branches of the Civil Law which was a subject of great changes within the re-enactment of the Civil Law and it is getting back to the institutes which the existing legal regulation did not know. The introduction addresses explanation of basic terminology within the matter of law of succession; it elaborates fundamentals, principles and functions of the law of succession and its categorization within the legal regulation. A part of the work which is dedicated to the historical interpretation focuses on regulation of the testamentary lineage in the Roman law and then analyzes testament regulation within the General Civil Code, Civil Code No. 141/1950 Sb. and preceding Civil Code No. 40/1964 Sb. Subsequently the main topic is elaborated in detail that is testamentary succession pursuant to current legislation in the Civil Code No. 89/2012 Sb. The introduction of this chapter focuses on the term testament itself, presumptions of its...
|
|
|
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...
|
|
|
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...
|
|
|
Testamentary succession
Muzikář, Martin ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Testamentary succession Key-words: inheritance, inheritance proceeding, notarial registration, public record, successi- on, testament. Abstract This rigorous thesis deals with the questions of testamentary succession. These problems re- present main section of law of succession and they are also very actual in the context of a new legal form respecting freedom of the testator will. The thesis aims to provide reader compact and practical view on testamentary succession and analyze especially polemic questions, which are problematic in practice. The thesis issues not only from the study of contemporary literature and practise of the courts, but also closely explore historical legal forms, especially legal form included in General Civil Code. With this is connected analysis of authentic literature and practice of the courts (e. k. Supreme Court from 1859−1915 and Supreme Court of Czechoslovak republic from 1919− 1948). Last but not least the thesis gathers from the wide variety of foreign sources and offers comparison with the similar legal forms like Austrian, German and Swiss. On the strength of these informations it solves submitted problems from a practical point of view, so that resul- ting conclusions constitute not only logical interpretation of law, but especially follow the purpose of the legal form...
|
|
|
Controversial and survivors affairs of a lineage Thurn-Taxis of estate Dobrovice-Loučeň from the end of 18th to the beginning of 20 th century
Kalousková, Anna ; Ebelová, Ivana (advisor) ; Woitschová, Klára (referee)
In the introduced diploma work, Controversial and survivor affairs of the lineage Thurn-Taxis on the estate Dobrovice-Loučeň, namely from the end of 18th century to the beginning of the 20th century, engages in the controversial and survivor affairs of the lineage Thurn-Taxis in the frame of the named estate in the delimitated period. The main aim of the work is to clarified the origin of the lineage Thurn-Taxis, to clear up the disputes of Fürstenberg about the inheritance of the estate in the end of 18th century and briefly to describe the development of the estate Dobrovice-Loučeň with the holders from the second line of the lineage Thurn- Taxis. The main purpose of this work is the content analysis and the analysis of the controversial affairs, for example last will or the list about the distributing of the inheritance, a few representatives of the lineage from the Czech line and of the princess Marie Josefa of Fürstenberg. The princess bequeathed the estates Dobrovice, Loučeň and the manor Vlkava for the Czech line. The suppluments added to the work complete the all pieces of knowledge in its text part. Key words Inheritance, estate, lineage Thurn-Taxis, holders of the estate, disputes
|
|
|
Prerequisites for acquisition of inheritance
Bendová, Daniela ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Title: Prerequisites for Acquisition of Inheritance Keywords: deceased, inheritance, heir Type of paper: Thesis Author: Mgr. Daniela Bendová Supervisor: prof. JUDr. Jan Dvořák, CSc. Faculty of Law of Charles University Department of Civil Law The thesis addresses rudimentary prerequisites for acquisition of inheritance in the Czech Republic. These prerequisites include death of a person, that is necessary for application of inheritance rights, existence of inheritance, in particular ownership rights transferred to heir, legal grounds for inheritance (title of inheritance) and existence of eligible heir (natural or legal persons), that did not decline an inheritance. A chapter is dedicated to each of the prerequisites (chapters from II. to IV.) and is structured to articles closer examining the topic. All chapters also include comparison of current legislation as stipulated in the Civil Code no. 89/2012 Coll. as well as in the law on special judicial proceedings no. 292/2013 Coll. with former legislation effective in the country, i.e. the Common Civil Code from 1811, so called the Middle Civil Code from 1950 and the Civil Code effective since 1st April 1964. Some inheritance right institutions are also compared with an Italian legislation as stipulated in the Italian civil code Il Codice Civile (for...
|
guest ::
