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Testament Succession
Burešová, Veronika ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The thesis debates one of the modes of succession, namely testamentary succession. A testament is, in accordance with Law No. 89/2012 of the Civil Code, one of the dispositions mortis causa. Inheritance contract and testamentary clause on legacy, along with testament, belong among dispositions mortis causa according to the law cited. The deceased exercises his or her will through such. The target of this work is to describe the current form of testamentary succession in its effective rule, focusing on facultative elements of a testament. The work is divided into six chapters. The opening chapter contains a discussion on succession rights, first in general and then the requirements of the creation of succession rights follow, as well as the other inheritance titles in their effective rule. The second chapter defines a brief excursion into the Roman law. In the subchapters, individual testament forms in the Roman law, testamentary competence, succession against testament, revocation and nullity of testament are included. The third chapter deals with testamentary succession itself; it is divided into eight subchapters. The first subchapter defines the term of testament. The following two subchapters deal with legal competence and the effects of error. The testament form is defined in the fourth subchapter. In...
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Acquisition of property from a person other than the owner in Czech and German System of Law
Belová, Petra ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
ACQUISITION OF PROPERTY FROM A PERSON OTHER THAN THE OWNER IN CZECH AND GERMAN SYSTEM OF LAW The purpose of my thesis written on the topic 'Acquisition of property from a person other than the owner in Czech and German System of Law' is to analyse historical development of acquisition from non-owner and its future tendencies. This concept constitutes an exception from the principle of 'no one can transfer a greater right than he himself has'. This work compares current Czech legislation with German system of law, and also with legal regulation of acquisition from non-owner in the new Civil Code, Act No. 89/2012 Sb., which will be effective from January 1st , 2014. The topic is extremely interesting, both for the current effective legislation in this field, which is not entirely satisfactory, and for its topicality due to the adoption of the new Civil Code, which will bring the institute back to the Czech law environment. What is more, it is a fragmented area without a separate comprehensive monograph. The thesis is composed of six chapters, each of them dealing with different aspects connected with the concept and its exceptions. Chapter One is introductory and defines basic terminology used in the thesis. It deals with an ownership generally, with its content and means of acquisitions of property. Chapter...
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Legislation governing foundations and endowment funds
Sose, Aneta ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Legislation governing foundations and endowment funds Abstract The diploma thesis deals with the topic of foundations and endowment funds with a focus on a current legislation, that is reincorporated into the general legislation after the recodification of the private law. Brief introduction to the topic of foundations and endowment funds is followed by the chapter containing a historical analysis of foundations on the Czech territory since the 9th century. Significant changes, which the foundations went through and caused their present form, are highlighted. The third chapter is the most important and the longest part of the thesis, as it focuses on a current legislation. The chapter defines the institutes of foundation and endowment fund in the contemporary society and it is divided into the two subchapters that concerns both endowment entities separately. The diploma thesis defines the purpose, property and bodies. There is further clarified the establishment and formation process and the reverse dissolution and termination process of these legal entities. In addition, the chapter formulates the Public Benefit Status and the conclusion is devoted to the new terminology brought by the recodification. It is followed by the fourth chapter, which compares a current legislation with the previous one, that was...
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Testament
Kotrnochová, Tereza ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
V ANGLICKÉM JAZYCE The aim of my thesis was to carry out a detailed analysis of one of the most important institutions of the law of succession - testament. My secondary objective was to compare briefly the Czech legislation of testament with the legislation of Germany, which was one of the sources of inspiration for the Czech recodification works. Legislation of this institute after the adoption of the Civil Code significantly transformed and strengthened the testing freedom of the testator. Testament is one of the three forms of testamentary disposition that make it possible for the testator to decide how his property is going to be managed after his death. The first of the six chapters deals generally with law of succession, explains the key terms, concepts and important leading principles. Furthermore this chapter presents various prerequisites of inheritance and generally characterizes and defines the institute of testament. In the second chapter, I am aiming to outline the historical development of testament which roots can be tracked back to Roman law. In the following subchapters I am describing the legislation changes of this institution in our country with particular attention to the ABGB, another important source of inspiration, and also to the form of the institute in the period of...
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Illegal structure and legal relations arising from it according to Czech law, in comparison with German legislation
Pumprlová, Martina ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with legal relations arising from illegal structures at the level of private law. In view of the fundamental changes brought to private law by Act No. 89/2012 Coll., the Civil Code, the author submits a critical view of the existing jurisprudence and current doctrines and opinions in literature, and, looking for German judicial practice and literature, seeks appropriate interpretative instructions, which are applicable to current legislation. The author also uses conclusions relating to the 1964 Civil Code and, in particular, to General Civil Code (ABGB), which are also applied in the Czech Republic and which is a great source of inspiration for the current legal regulation. The main chapter begins after the introduction in Chapter 1. The focus of this work lies in Chapters 2 and 3, which contain an assessment of the current legislation in light of the available literature and jurisprudence. Chapter 2 evaluates the Czech legal regulation after recodification, criticizing older case law and literature available so far and drawing conclusions from it which are applicable to the current legislative situation in the Czech Republic. Chapter 3 then deals with the German legal framework and points out its differences in relation to the perception of an unauthorized building in the Czech...
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Pledge and its Enforcement
Cahlíková, Petra ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
PLEDGE AND ITS ENFORCEMENT The purpose of my thesis written on the topic 'Pledge and its Enforcement' is to analyze the issue of contractual pledge itself, with a focus on the enforcement of the pledge, both in and outside of insolvency, as this is the stage where the pledge fulfills its reimbursing function, i.e. a stage absolutely critical for the pledge. I pay a deeper attention also to a receivable as the most common subject of a pledge. The pledge underwent major changes with the arrival of a new Civil Code, Act no. 89/2012 Coll., with the effect from 1 January 2014. In my thesis, I therefore focuse on both changes and entirely new legal institutes that the new Civil Code brought compared to the previous legislation, and which enriched the area of the pledge. I have divided my thesis into seven chapters. The introductory chapter deals with general issues that needed to be introduced for an understanding of the main topic of this thesis, i.e. mainly explanation of the basic concepts and principles. The chosen topic is quite a wide area, therefore I have tried to approach it in next chapters so that all the important information for pledge was mentioned, together with all news and possible problematic areas associated with the arrival of the new Civil Code, and at the same time the thesis remained...
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Testament
Borková, Martina ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
in English Death as a natural legal fact relates to every natural person. Law of succession, which is a component of general private law, affects life of every individual. The reason of this is the fact that the property relations that do not terminate by a death of an individual or do not succeed by a special succession are to be solved by a usage of this branch of law regulations. The purpose of my work is to put Heritage law into a system of law, shortly describe all conditions for acquiring inheritance, one of which is a succession title. I concentrate on a problematic of Testament, which is one of the succession titles, by comparing relevant regulations of a Civil code no 40/1964 Sb. (hereinafter referred to as: "CC") and a new Civil code (hereinafter referred to as: "NCC") no 89/2012 Sb., coming into effect on 1st January 2014. The thesis is composed of seven chapters. Chapter one contains a short introduction of the topic while Chapter two and three contain a short insight into the problematic of the Law of succession in general and the basic terminology like Inheritance (Succession) and Heritage. Chapter four focuses on Conditions of acquiring inheritance and it is subdivided into four parts, each of which describing one of such conditions - death of a person, existence of heritage,...
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Legal status of a surviving spouse
Sáblíková, Martina ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Legal status of a surviving spouse Abstract The topic of my dissertation is legal status of a surviving spouse. In the introductory of this thesis I concentrated on the death of a spouse whereby the other spouse becomes the surviving spouse. Within this chapter I took into account substantive-law aspects, as well as procedural-law aspects of legal regulation, that means proving death, including proceedings to determine date of death, but also presumption of death, including declaration of death of a missing person. Then, I tried to point out the issue of determining the date of death relating to law of succession. Within the second chapter devoted to the status of a surviving spouse in terms of law of succession, I have focused on law of inheritance as such, including legal capacity and incapacity to inherit. Within this topic I tried to analyse the status of the surviving spouse as a statutory heir (his/her position as the heir of the first and second degree), the spouse as an incompetent heir, also as a testamentary heir, and finally as an heir subject to an inheritance contract. I also tried to think about the question why in the law of the Czech Republic the surviving spouse is not considered as the forced heir, while in other jurisdictions a spouse is a forced heir. Another chapter deals with the...
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