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Testate succession
Řípa, Jan ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The goal of this diploma thesis was to discuss the issues of testamentary succession, where not only the institute of the last will and testament will be discussed, but also some other legal regulations of the succession rights, that cannot be left out while discussing the issues of testamentary succession. The presented work is devided into six chapters, where the first chapter is started with the introduction word of the author, who introduces the work and puts the reader into the problem. After this a brief digression into the past follows, showing the issues of testamentary succession in the historical context and finally, this chapter is finished with the definition of the valid legal regulation of this time. The second chapter of this work focuses on the main principles of the testamentary succession. Individual principles are named individually and analysed in details, where some of the specific declarations of these rules are explicitly pointed out not only in this chapter, but in the following ones, too. The third chapter focuses in details on individual presumptions that must be individually fullfilled, so that the succession could be possible. These conditions are discussed in individual subchapters called: the death of testator, the existence of decedent's estate, the capacity to inherit, the...
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Právní a ekonomické aspekty dědění věci nemovité v obci Bludov
Re, Marie
This bachelor work is concerned with a topic of a real estate from the law and eco-nomic point of view. The first part covers terminology closely connected to inheriting including estate proceeding and a real estate. It also deals with a theoretical base for calculations of income tax and real estate tax. The second part contains bringing the mentioned theory to common life. That means a description of the real estate in Bludov which is about to become a subject of inheriting. Further it is being decided what to do with it next to achieve optimal solution.
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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...
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Testament
Příhodová, Michaela ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
This thesis addresses the issue of wills. A will is the most common and most frequent disposition of property upon death, through which the deceased can effect his wishes regarding how his assets will be disposed of in the event of his death. The aim of the study was to determine whether the issue is now comprehensibly regulated, whether it meets the needs of the people and whether is suitable for the people who deal directly with this issue, in particular notaries. The work is focused on the current legislation regarding wills contained in Act no. 89/2012 Coll of The Civil Code, which is markedly different to the previous legislation as per Act no. 40/1964 Coll. of The Civil Code. Specifically, this thesis addresses the characteristics of wills, their interpretation, contents, subjects, forms and methods of revocation.
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Testamentary inheritance
Bareš, Lumír ; Dvořák, Jan (advisor) ; Šustek, Petr (referee)
The rigorous thesis provides an insight into legal regulation of testamentary succession in the civil code and new Civil Code in comparison with the german regulation. It is divided into six chapters that are further structured into sub-chapters where are terms, institutes and other matters related to this subject explained in depth. The thesis is mainly focused on interpretation of the current hereditary right that is combined with practice of the courts. In parallel is every chapter that discusses the current legislation, compared with the old civil code. The thesis also includes a historical overview, beginning with the Roman law. The last chapter analyses the legal regulation of testamentary succession in Germany with description of institutes that are different from Czech legal regulation. Powered by TCPDF (www.tcpdf.org)
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Testate succession
Řípa, Jan ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The goal of this diploma thesis was to discuss the issues of testamentary succession, where not only the institute of the last will and testament will be discussed, but also some other legal regulations of the succession rights, that cannot be left out while discussing the issues of testamentary succession. The presented work is devided into six chapters, where the first chapter is started with the introduction word of the author, who introduces the work and puts the reader into the problem. After this a brief digression into the past follows, showing the issues of testamentary succession in the historical context and finally, this chapter is finished with the definition of the valid legal regulation of this time. The second chapter of this work focuses on the main principles of the testamentary succession. Individual principles are named individually and analysed in details, where some of the specific declarations of these rules are explicitly pointed out not only in this chapter, but in the following ones, too. The third chapter focuses in details on individual presumptions that must be individually fullfilled, so that the succession could be possible. These conditions are discussed in individual subchapters called: the death of testator, the existence of decedent's estate, the capacity to inherit, the...
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Testamentary succession
Pospíchal, Jiří ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The law of succession has been changed a lot by enacting the new Civil Code in many ways but its main purpose is still to regulate the succession of inheritance from testator to heirs and related problems. This thesis makes an analysis of testate succession, which is one of the three possibilities of inheritance succession. The second is an intestate succession, which applies in the situation, when testator did not wrote last will. The last possibility is a contract between testator and heirs distributing inheritance between the latter. This contract has bigger legal force than last will and intestate succession is used, if there is none of them. The thesis consists of five chapters. Chapter One provides a brief introduction to history of the law of succession in our territory and presents the purpose of the thesis. Chapter Two deals with the questions common to the whole law of succession, it is divided in three subchapters, which talk about the main principles of the law of succession and legal rules regulating it and also about preconditions of succession, which include death of testator, subjective law of succession, existence of inheritance and legal ground to the succession. It also names possibility of heirs to reject inheritance. Chapter Three is concerned with the main theme of the thesis, which is...
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The forced heir and disinheritance
Kozlová, Ivana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
1 SUMMARY- FORCED HEIR AND DISINHERITANCE The subject of this thesis is the forced heir and disinheritance. The purpose of the thesis is to describe the current and future legal regulation while comparing them. Every testator is obliged to leave some part of the property to his or her forced heir. The forced heir is the testator's descendant and can be either minor or major. The only way for testator to avoid this obligation is to write a deed of disinheritance. There is a specified number of reasons of disinheritance; they are as follows: 1) the forced heir did not provide necessary assistance to the testator in disease, in old age or in a certain serious case 2) he did not show real interest in the testator 3) he was sentenced to imprisonment for at least one year 4) he led a dissolute life. The New Civil Code has replaced the third reason by following: the forced heir was sentenced for a criminal offense, which indicates his wicked nature, and adds one more reason of disinheritance, allowing to the testator to disinherit a wasteful forced heir. Both the current and future regulation of disinheritance are criticized for their generality and unclear definition of legal terms. The thesis is composed of 4 chapters. Chapter One is introductory and defines basic terminology used in the thesis: the forced heir...
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Testamentary succession in the czech and german legal systems
Petrlíková, Nikola ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Testamentary succession in the Czech and German legal systems This thesis compares the testamentary succession in the Czech and German legal system. Testamentary inheritance sequence forms a significant part of the inheritance law in both countries and testament represents the most important heritage title. Czech Civil Code deals with regulation of inheritance law sections significantly less than the German Civil Code. While studying both legal systems I discovered many differences, especially in the organization of the possible contents of the testament. In Germany, as opposed to the Czech Republic, the testator in the testament can validly give such condition, order or the reference. Forms of regulation of testament are also different, German peculiarity is so called common testament of spouses. In general, the German legislature honors principle of autonomy of the will of the testator, his test freedom, much more than the Czech. Prepared codification of the new Czech Civil Code is inspired by our German neighbors and is returning to traditional institutes of inheritance rights, autonomy of the testator significantly is strengthened. As a result, the extent of the new legal regulation of succession is substantially larger than in the current Civil Code.
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Matter of Inheritance in Private and Public Law
Fleischmanová, Karolína ; Radvanová, Senta (advisor) ; Dvořák, Jan (referee)
Thesis abstract Matter of Inheritance in Private and Public Law. Law of inheritance is one of the most important areas of proprietary laws, which proves the fact, that the inheritance regulation in the form of hereditary rights (legal succession and testamentary succession), has already been regulated in Roman law. Death of a person as a family member, pertinently a testator, represents for the descendants a sad and grieving event in most cases, despite the fact it belong to inevitable natural rules. In regards to the fact that every single person is bound to set up for his last journey, the inheritance matter has always been and always will be a topical issue regardless the fact of the testator leaving or not leaving any property. Inheritance legal regulation has undergone a long development under continuous relevant attention of the society. In times when law was not in writing, there were the customs replacing it, later on the first codifications and other newer and newer legal regulations that kept changing and improving. This trend has continued up to this date. Evolution of inheritance law in the form of new legal regulations has not stopped and crosses the borders of the Czech Republic. The thesis deals with this matter in historical context of inheritance law, not only during the Middle Ages and a...
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