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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the New civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them, compares them with German and Austrian civil codes and when appropriate gives my own opinion on the changes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, basic principles and position in the New civil code, Selected changes in civil law terminology, which are used in the following chapters. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, How to cancel it, Regular forms, Irregular forms, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that is combined with parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic...
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Inheritance proceedings with focus on transfer of debts of the testator
Hönig, Ondřej ; Macková, Alena (advisor) ; Dvořák, Bohumil (referee)
This rigorous thesis entitled "Inheritance proceedings with focus on transfer of debts of the testator - natural person" studies the inheritance proceedings from the perspective, respectively, with a focus on the transfer of debts of the testator to legal successors, as this area of law has undergone significant changes in previous years following the recodification of private law, and raising a number of questions of legal doctrine and practice, which have not been answered yet. With regard to current social developments, it can be assumed that debts will appear in the estates more frequently, and hence this topic deserves due attention. This thesis is divided into three chapters. The first chapter focuses on the theoretical and legal definition of the inheritance proceedings themselves, including the position of a notary as an authorized court commissioner to perform acts of the court of first instance, and the definition of the debt institute, its concept, limitation, and transition to legal successors. The second chapter builds on the conclusions made in the previous chapter and sets them at the level of applicable procedural law, as it discusses the procedure of the court commissioner in resolving inheritance proceedings in which testator left debts. Attention is paid to the fundamental...
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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the New civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them, compares them with German and Austrian civil codes and when appropriate gives my own opinion on the changes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, basic principles and position in the New civil code, Selected changes in civil law terminology, which are used in the following chapters. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, How to cancel it, Regular forms, Irregular forms, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that is combined with parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic...
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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the new civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them and provides a look to German and Austrian civil codes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, selected basic principles and systematic of the New civil code and inheritance law. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, Irregular forms, Regular forms, How to change or cancel it, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that combines parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic protection to the sides, Cancellation and changing contract. Chapter four focuses on Legacy interesting in the...
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