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Regulation of testamentary succession in substantive law
Bálková, Gabriela ; Pohl, Tomáš (referee) ; Hendrychová, Michaela (referee)
This thesis deals with the substantive law regulation of testamentary succession. The introductory part outlines the historical development of the law of succession, which points out the discontinuity of the law of succession. The main part of the thesis deals with prerequisites for the testamentary succession, each of which is analyzed in detail. The final part focuses on creation of the respective types of the testament, and disposal of the testament (custody and revocation). The thesis strives to explain the issues of testamentary succession in a comprehensive manner, while it also deals with the bill of the new Civil Code and compares it with the valid legal regulation where a new regulation is introduced by the bill. Key words: law of succession, testament, historical development
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Legal regulation of testamentary succession in the Czech republic and Italy
Mašková, Daniela ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Legal regulation of testamentary succession in the Czech republic and Italy The transmission by inheritance is connected, as the law of succession in general, to death of a natural person. The testamentary succession in particular is conditioned by the existence of the last will created by the testator. The purpose of my thesis is to analyse and compare the legal regulation of testamentary succession in the Czech republic and Italy. In this thesis I'm trying to point out on one side on the similarity of those regulations and on other side on their differences. The thesis is divided into introduction, seven chapters and conclusion. The first chapter defines the testamentary succession as one of legal titles of inherit. The second chapter deals with the last will in general, in particular with the testamentary capacity of testator, content of the last will, forms of testament, substitution of successors and revocation of the last will. The third chapter describes contracts of succession in general as another kind of title of succession beside law and last will. It is subdivided into four parts. The first one is dedicated to the theory created by Italian jurisprudence of acts "inter vivos, post mortem", the second one donation mortis causa and the third part focuses on the Italian particular form...
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Testament and its legal regulation in the history, present and de lege ferenda
Hruboňová, Michaela ; Adamová, Karolina (advisor) ; Skřejpková, Petra (referee)
1 ABSTRACT (resumé - anglická verze) Testament and its legal regulation in the history, present and de lege ferenda This thesis is concerned with historical development of legislation of the testament as a probate title in our country. It analyzes the different legal regulations and delivering a comprehensive look at this institute from past to present and thanks to the new civil code in to the future. Its aim is to bring will to the general public as a significant Heritage title respecting the will of the testator and allowing him to choose his heirs or their inheritance shares otherwise than as provided for in the rules of inheritance law. Since the new Civil Code returns to our inheritance law some traditional institutions, it is beneficial for better understanding to be also familiar with their historical adapting and development. Thesis in each historical period approximates the form of the testament with its most relevant features that enable easier comparisons between treatments. The first part is presented form of testament by the law of Roman. It wasn't only laid the foundations of this institute, but continental law at all therefore his conception of wills and inheritance law cannot be ignored. First chapter closer the Roman law requirements for persons deceased and heirs (testamentary capacity),...
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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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Legal Institution of Testament
Timková, Barbara ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis deals with the legal institution of testament. The purpose of the thesis is to characterize and analyse individual aspects of legal regulation contained in the Act No. 89/2012 Coll., Civil Code, and to think about changes and new institutions, that became part of legal regulation. The thesis is divided into an introductory chapter, eight chapters and a conclusion. The introductory chapter covers introduction to the matter and describes the purpose of the thesis. The first chapter deals with characteristics of individual legal titles of succession, such as inheritance contract, testament and intestate succession. The second chapter provides general characteristics of testament as a legal act. The purpose of the third chapter is to describe the conditions of testamentary capacity and its limits. The fourth chapter describes individual forms of testament, such as testament made by means of a private instrument, testament made by means of a public instrument and also concessions in the making of a testament. The fifth chapter focuses on clauses of lesser importance in a testament, such as selection of executor of last will or conditions, determinations of time and mandates. In the sixth chapter we can find deliberation on institutions of substitution of heirship and succession by...
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Inheritance Law in Theory and Practice
Pospíšilová, Nikola ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The 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 the principles of inheritance law, after that I describe preconditions of inheritance law and then I deal with fundamental provisions of the new Civil Code. I put the emphasis on provisions that previous legislation did not include or addressed them diferently. In the practical part I concentrate on the calculation of obligatory parts in inheritance by the law when the statutory heir is excluded in the will.
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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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Analysis of the Czech and Spanish Legal Terminology in Right of Heritage
PĚKNÁ, Adéla
This bachelor work analyses the Czech and Spanish special terminology in the sphere of the inheritance law. The objective of this work is to outline the law frame of the hereditary right both in the Czech republic and Spain, setting out comparison of modifications in both countries and paying attention to the most important differences, both in the law content and the language aspect. The practical part is aimed at the lexical analysis of the special terminology in the sphere of hereditary right and problems of juridical terminology. For this purpose was a zero hypothesis stated consisting of partial hypotheses which are verified in the conclusion of the practical part and the results are interpreted. The practical goal is in the application of realia in the sphere of hereditary right on language comparison and its achievement. The work contains a summary in Spanish and a bilingual glossary.
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Hereditary law - The analysis of the current and new legislation of the hereditary law
PELECH, Zdeněk
The bachelor thesis called "Hereditary law" ? The analysis of the current and new legislation of the hereditary law is a theoretically designed thesis, which points to the problem connected with changing the hereditary law legislation signed in the civil code, that will be valid in 2014. This thesis is trying to interpret the hereditary law with a respect to its practice. There is also designed a development of the hereditary law in the Czech countries. There was given a space to the basic terms, common for the elementary terms for the current and new legislation. The aim of this work is s detailed description and definition of the current and new legislation of the hereditary law and there will be also caught the basic differences of the bought legislations. On the base of the compare of both juridical documents, there will be evaluate impacts, which result from the changes in legislation for the participants of the hereditary proceeding.
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