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Testaments of Kardašova Řečice of the 17. - 18. century
HEJDA, Milan
The bachelor's thesis Testaments of Kardašova Řečice from the 17. - 18. century is a collection of eighteen testaments. The primary goal was to demonstrate the human aspect of aforementioned last wills and to showcase the apparent patterns of behaviour regarding the actual composition of testaments in Kardašova Řečice. The thesis wants to study row of particular work that for divided my thesis at four chapters. The first chapter includes the introductory pages and furthermore deals with theorethical aspects of historiography in general. The second chapter is studing history of town Kardašova Řečice, whereas the third chapter clarifies the meaning of the term "testament" and describes the legal circumstances of its origins. The final chapter is the most crucial and integral part of the whole thesis and is therefore divided into five brief part. The first two part of the fourth chapter outline the common attributes of introducing testaments and also present the names and surnames of every testator, including the dates of the composition of their last wills. The third part of the fourth chapter reflects the social stratification of all testators and inheritors within the city and the whole dominion. The fourth part is pivotal from perspective research. The chapter divided in five parts examines the testaments from the perspective of auxilliary sciences of history and is subsequently divided into additional paragraphs. The objective of the fifth part of the fourth chapter is to present the mechanisms concerning the composition of testaments in the town and focuses on the roles and contributions of witnesses, town councillors and scribes. The last part of the fourth chapter belong the last days of testators, specifically the period of time between the writing of their last wills and the time of their passing. The concluding pages reflect the actual content of inheritances, as they are presented in the aforementioned testaments, and comments on legacy of testators in general as well.
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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 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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Call in of the testament and other options in case of death in roman law
Tomanová, Alena ; Skřejpek, Michal (advisor) ; Falada, David (referee)
This rigorous thesis characterises the last will and testament in the event of death in Roman law. The first part of the thesis deals with the testament and alternative acquisitions in the event of death. The first chapter explains the concept of the testament, its types, its forms and the compulsory necessities. The conditions for appointing someone as a heritor, the testamentary capacity, the disinheritance of an offspring and also the invalidity of the testament and its nullification are also defined in this chapter. The second chapter describes the alternative acquisitions in the event of death where we can for instance include legaty, fideicommissum, codicils and donation in the event of death. The second part of the thesis consists of presumptions for the inheritance on the base of the last will, the fundamental principles of the right of the inheritance and the concept of the inheritance. The third chapter illustrates the legal status of the successor and analyse the reversionary heir, the right of acquisition and the legal protection of the heritor and furthermore it deals with the right for recalculation. The last chapter is dedicated to an acquisition of the inheritance by virtue of the testament and legacy and the alienation of the estate and inheritance.
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Principles of the law of inheritance ind the Czech lands before its codification in 1811
Klucová, Monika ; Kindl, Vladimír (advisor) ; Soukup, Ladislav (referee)
This diploma thesis [in the master's course], drawn up at the Faculty of Law of Charles University in Prague, deals with the principles of the law of inheritance in Bohemia prior to its codification in 1811. Although inheritance law is one of the oldest branches of law, and was very thoroughly developed in ancient Roman law, in our territory it actually started to develop some more only after the Hussite movement. That is due to the fact that in the Middle Ages, the prevailing concepts were the ruler's right to bona vacantia and family indivisible ownership ["rodinný nedíl" in Czech], both of which did not really make it possible to pass estate from the deceased to their heirs. Therefore the aim of the thesis is to examine and gain a deeper insight into the historical development and historical contexts of the law of inheritance in our territory, which had preceded its modern form that was first codified in Allgemeines bürgerliches Gesetzbuch [the General Civil Code], which accepted the structure of the Inheritance Patent of Joseph II in 1811. Part One of the thesis, Introduction, briefly discusses the law of inheritance as a specific element of legal science, the principles of inheritance law, and inheritance conditions and titles. Part Two, Excursion into History - Inheritance in Roman Law,...
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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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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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World of the Burgesses of Rokycany in the Light of Their Testaments in 16th - 18th Century
KALOUSOVÁ, Václava
The Master Thesis World of the Burgesses of Rokycany in the Light of Their Testaments in 16th - 18th Century is based on the studies of two books of last wills and testaments stored in the State District Archives in Rokycany. The base of sources is further enlarged by the prescriptive literature of that time, i.e. books of good deaths, the book of the St. Mary's Fraternity and church registers. Attention was gradually paid to the transformation of the testamentary practice in Rokycany, to the representation of piety in the testaments and to the perception of death. Moreover the author of the work has aimed her attention to the evidence of the structure of families in the Early New Age, of the social environments of the testator and material culture of the burgesses' households seen from the testaments. A component part of the thesis is a picture annex.
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The Burgesses of Rokycany in the Mirror of Testaments at the Beginning of the Period before the Bílá hora Battle (1517-1550)
KALOUSOVÁ, Václava
Theme of the Bachelor Thesis The Burgesses of Rokycany in the Mirror of Testaments at the Beginning of the Period before the Bílá hora Battle (1517-1550) are the testaments stored in the State District Archives in Rokycany. The first part is aimed at the formal looks of testaments and at the testamentary practice of Rokycany. In the next chapter there is illustrated what the structure of the testators was like, what their family state was and what their occupations were like. It gives us picture of the facts that the testaments tell us about the Early New Age family structure and about other relations of the testator suggested his family. Subsequently the ideas are suggested about the perceiving of death in the Early New Age, about the legacies to the Church Institutions and the purpose of pious legacies. The last but one chapter is dedicated to the material culture of the burgesses of Rokycany. A component part of the Bachelor Thesis is a selected edition of the testaments of Rokycany.
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