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The statutory portion in the Civil Code
Kounovská, Iva ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
THE STATUTORY PORTION IN THE CIVIL CODE ABSTRACT This thesis deals with the Statutory Portion as a legal tenet of inheritance law, which falls within the scope of the Civil Code. The right to a statutory portion of an estate accrues only to a statutory heir; the statutory heir is always a direct descendant of the testator or, if no direct descendant is surviving, his or her descendants. The statutory portion is defined as that part of the inheritance which must be left free of encumbrance to the statutory heir or heirs. As well as the statutory portion, this thesis also deals with the status of the statutory heir, because it is the statutory heir who is primarily affected by the legal rules for the statutory portion. This is a person who may not be overlooked during the inheritance process; the testator is obliged leave him or her at least his legal share, the so-called statutory portion. In my thesis I also deal with the theoretical characteristics and definitions of basic concepts such as inheritance law, estate, inheritance and inheritance titles (hereditary contract, will and the legal sequence of inheritance). Accounting for the statutory portion and accounting for the bequeathed portion are described in the next chapter of this thesis, as two procedures with similar characteristics but with...
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