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Testament
Havlíková, Julie ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Testament The diploma thesis explores a significant aspect of inheritance law testaments as a means of posthumous property disposition. The primary objective is to comprehensively describe and analyse the existing legal framework governing testaments, as stipulated in Act No. 89/2012 Coll., the Civil Code. In contrast to preceding regulations, this current legislation provides a broad spectrum of options empowering the testator to shape the destiny of their estate after death. The examination of testaments and associated legal constructs extends beyond a mere scrutiny of statutory provisions. The study incorporates a jurisprudential perspective, encompassing both contemporary and historical dimensions. The analysis draws insights from commentaries, explanatory reports, professional articles, and diverse literary sources, with a brief exploration of foreign legal paradigms. The first chapter serves as an introduction to inheritance law, elucidating its fundamental principles and contextualizing the traditional tenets of this legal domain. This section also scrutinizes the presumptions underlying inheritance. In the ensuing chapter, the focus shifts to a detailed exploration of testaments, encompassing aspects such as acquisition capacity, error resolution, and testament interpretation. A comparative analysis...
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Testament - a comparison of Czech and German legal regulation
Svejkovská, Teodora ; Dvořák, Jan (advisor) ; Elischer, David (referee)
v anglickém jazyce The aim of the thesis is to compare legal regulations of testament in the Czech and German legislation. A maiori ad minus methodical procedure is used in the thesis. After general characteristics of testament, the work is focused on the regulation of testament in Roman law, which significantly influenced the current legislation in the Czech and German law. Furthermore, the attention is paid to the regulation of testament on the Czech territory during 20th century, especially to the Czech Civil Code 40/1964. Subsequently, the thesis characterizes the current legal regulation of testament in the Czech Civil Code 89/2012 in detail. This analysis is mainly based on legislation, expert commentaries and literature, judgment and internet resources. After processing the Czech regulation of testament, the thesis changes its area of interest to the regulation of the German legislation of testament. At this chapter similar methodological procedure and legal resources were used. The comparison of testament in the Czech and German legal system showed following conclusion: although the legal regulation of testament is very similar, especially due to the historical roots of Czech and German law, several significant differences have been revealed, e. g. the concept of capacity to dispose, the...
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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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Testate succession
Pecha, Martin ; Pohl, Tomáš (advisor) ; Elischer, David (referee)
The law of succession is a branch of civil law that deals with devolution of property rights and duties of a decedent to his heirs. The new Civil Code that came into force in 2014 brought considerable changes in the field of the law of succession. Finally, the legal regulation pays proper attention to the law of succession and testate succession. After more than sixty years, there were restored legal institutions such as Clauses of lesser importance in a testament (condition, determination of time or a mandate), inheritance contract, privileged wills, legacy, vulgar substitution or fideicommissum. Not only because of these institutions can a testator finally organize freely and according to his own will his property situation mortis causa. The purpose of my diploma thesis is to analyze the testate succession according to the Czech Civil code that became effective on the 1st of January 2014. The thesis is divided into two parts. The first part is split into five chapters that deal with individual prerequisites of succession. The prerequisites of succession are as follows: the death of a testator, the existence of a decedent's estate, the capacity of an heir to inherit, the legal ground of succession and the acceptance/non-refusal of inheritance. Meeting all prerequisites of succession is crucial to...
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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...
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The Privilege of Inventory and the Liability for the Testator's Debts
Slaná, Aneta ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
1 The Privilege of Inventory and the Liability for the Testator's Debts Abstract The rigorous thesis deals with the mutually complementary themes of the privilege of inventory and the liability of heirs for debts, belonging among the most popular topics in inheritance law. Since the amendment to the Civil Code returns to the traditional concept, the legislator dusted off several important institutes known from the last century. The often-misunderstood privilege of inventory must be exercised by the heir in order to be liable for the testator's debts only to a limited extent, whereas under the effectiveness of the previous Civil Code this was stipulated automatically. It is also an institute protecting disadvantaged groups of heirs. At least, that is how it may seem at first glance. Sometimes, the inventory of the estate can become a disproportionate burden to heirs, only to protect an unknown or absent heir. The liability for the testator's debts, or rather its extent, is generally a crucial matter for the heir to be able to decide whether to reject or accept the inheritance. If the heir is an obedient participant to the estate proceedings, they can limit their liability not only by the privilege of inventory, since the Civil Code also provides the institute of creditors' convocation to maximize the...
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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...
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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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Titles to inheritance
Jestříbková, Petra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This diploma thesis is focused on titles to inheritance. The aim of the thesis is to capture their course in the Czech Republic. This thesis is systematically divided into seven chapters. The first one is the introduction, in which the author justifies chosen topic. The second chapter is focused on development of inheritance law. Following chapters are focused on titles to inheritance. Each chapter is divided into several parts. These parts are lined up chronologically. Titles to inheritance are lined up in order to their legal force in recent legislation. At first the author is focused on inheritance contract in the third charter. Before ObčZ 2012, inheritance contract was in legal force at least more than 60 years ago and it returns by ObčZ 2012 to our legal system. The fourth chapter is focused on testament. At its first part there is a brief view into ABGB. In the following part narrowing of legislation under the influence of so called Legal Biennial is visible. The chapter ends with a view into the ObčZ 2012, which is strikingly similar to provisions of ABGB. The fifth chapter deals with intestacy. It is visible that the provisions in ObčZ 2012 are similar ABGB. In the sixth chapter there is conclusion in which the author presents her opinions on the whole topic. The seventh chapter includes...
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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...
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