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Fideicommissum
Hatina, Viktor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis includes the analysis of the fideicommissum institute, which is one of the elements of the Czech Inheritance Law that were reintroduced into the new Czech Civil Code, which came into effect on the 1st of Janurary 2014. The theme is highly actual due to the new important possibilities of expressing the will of the testator for the occasion of his death. The thesis is focused on the analysis of the current enactment and describes the historic development of the fideicommissum institute The text contains four fundamental parts. The first presents the fideicommissum institute and its role and development in the Inheritance Law from the time of Roman Law. The author deals in this chapter with the intertemporal provisions and other coherent institutes, which go along with the fideicommissum institute. We talk about hereditas iacens and administration of the inheritance. In the next chapter, the author explains the current enactment in the Civil Code in detail and mentions the procedural enactment of the special Code on Specific Civil Proceedings as well. It consists of the foundation of the fideicommissum and the inheritance regime. The last chapter consists of comparison of the Czech and Slovak enactment. Taking into account that in the Slovac Republic is currently being prepared the new...
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Devolution of the decedent's estate to an heir
Hochman, Oskar ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Devolution of the decedent's estate to an heir The thesis deals with the current legal regulation of the devolution of the decedent's estate to an heir. It is divided into six parts, which are further divided into chapters and subchapters. In the first part, the thesis deals with the issue of the acquisition of inheritance, in particular the principle of universal succession, the prerequisites for the acquisition of inheritance and disputes over succession right. The second part deals with the reservation as to estate inventory, its purpose and scope, as well as its order and replacement and its payment. The third part deals with the administration of the decedent`s estate, its purpose and scope. It also deals with the persons who administer the decedent`s estate and their rights and obligations. The fourth part of this thesis is devoted to the closure of the decedent`s estate, its purpose and the prerequisites for the closure of the decedent`s estate. Furthermore, the thesis continues with an analysis of the legal regulation of the confirmation and division of the decedent`s estate. In this part, the thesis examines the prerequisites for the confirmation of the acquisition of inheritance, but in particular to the different ways of division of the estate. The last (sixth) part dealing with debts...
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Fideicommissum
Hatina, Viktor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis includes the analysis of the fideicommissum institute, which is one of the elements of the Czech Inheritance Law that were reintroduced into the new Czech Civil Code, which came into effect on the 1st of Janurary 2014. The theme is highly actual due to the new important possibilities of expressing the will of the testator for the occasion of his death. The thesis is focused on the analysis of the current enactment and describes the historic development of the fideicommissum institute The text contains four fundamental parts. The first presents the fideicommissum institute and its role and development in the Inheritance Law from the time of Roman Law. The author deals in this chapter with the intertemporal provisions and other coherent institutes, which go along with the fideicommissum institute. We talk about hereditas iacens and administration of the inheritance. In the next chapter, the author explains the current enactment in the Civil Code in detail and mentions the procedural enactment of the special Code on Specific Civil Proceedings as well. It consists of the foundation of the fideicommissum and the inheritance regime. The last chapter consists of comparison of the Czech and Slovak enactment. Taking into account that in the Slovac Republic is currently being prepared the new...
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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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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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