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Inheritance contract in Comparative Perspective
Kaucký, Přemysl ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Inheritance contract in Comparative Perspective Abstract The thesis deals with the concept of the inheritance contract in the legal regulation of the Civil Code (Act No. 89/2012 Coll., Civil Code) and foreign legal regulations in the German language area, in particular of Austria. The work is based on the premise that the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch) has been a source of inspiration for some of the provisions that regulate the inheritance contract in the Czech legal system, with a particular focus on the regulation of the limitation of property that can be acquired by an inheritance contract (the so-called free quarter) and other issues related to this provision. Across the work, problematic provisions of the conception of the inheritance contract, which are difficult to interpret based on the text of the law alone, are highlighted. Suggestions de lege ferenda are given, as well as possible interpretative starting points in comparable foreign legislation, especially the Austrian Civil Code. The author assesses in which cases it is possible to take inspiration from foreign legislation and in which cases this is not possible, either because of a different conception of the institution of the inheritance contract or because of different related legislation. The thesis is divided...
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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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Evolution of inheritance title deeds
Váňa, Dalibor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
- Evolution of inheritance titles My thesis contains the description and analysis of inheritance titles through the history - from Roman law to legal situation de lege ferenda. The institution of inheritance is an indispensable part of the system of law. The inheritance contributes to keeping property values of a deceased person for his successors, usually for further generations. The inheritance law contributes also to the certainty and continuity in legal relations between entities of civil law relations. The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The thesis pays the greatest deal of attention to the regulation de lege lata and regulation de lege ferenda and their comparation. Description of the provisions of the civil code is accompanied by important judgments of the courts. Historical excursion starts in the Roman law which is commonly accepted as the basis of the current legal regulations and follows by the brief review of the middle-ages law. The thesis then deals with the Allgemeines bürgerliches Gesetzbuch (ABGB) adopted in 1811. This civil code became the first modern regulation in the Czech territory. ABGB was valid until the beginning of the twentieth century's 50s, after the communist revolution, when new "socialistic" regulation took...
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Inheritance contract as a new institute of succession law
Srp, Michal ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
The present work deals with an ancient and new-old legal institution of inheritance contract in actual private law. Inheritance contract (pactum successorium) was in the Czech legal order in the 50s of the last century as a traditional historical institute of inheritance law, and was conceived as the strongest inheritance title; its conclusion was nevertheless permissible only between husband and wife or fiancé. The mentioned problems began again to be relevant in the context of the government's draft of Act no. 89/2012 Coll., Civil Code (hereinafter the Civil Code), for the approval of the Chamber of Deputies took place on November 9th, 2011. The re-codification represents a return of inheritance contract to the Czech succession law, but it has also brought a number of other major institutes that current regulation for a long time neglected or did not even know. Institute of inheritance contract emphasizes the will of the testator, to whom gives another opportunity to arrange his property in case of death (mortis causa). Its peculiarity is that it combines both elements: the last will (testamentary nature) from which it has developed and elements of the contract (contractual nature). Powered by TCPDF (www.tcpdf.org)
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Testamentary disposition - recent legal regulation and regulation in the new Civil Code
Šafářová, Ivana ; Salač, Josef (advisor) ; Dvořák, Jan (referee)
Testamentary disposition - recent legal regulation and regulation in the new Civil Code The theme of this thesis are testamentary dispositions, therefor such legal acts, by which the testator still during his lifetime decides how to be loaded with his property after his death and who then become his heirs. My main purpose in writing this thesis was to try to compare the current legislation (Act No. 40/1964 Coll.) with the legislation, which brings the new Civil Code (Act No. 89/2012 Coll. effective from 1.1.2014). The text of the thesis consists of eight sections, i.e. introduction, six chapters and final summary. Introduction acquaints the reader with the regulation of the succession law, presents the heritage titles, and brings the general characteristics of the testamentary disposition. The following four chapters are devoted above all to the regulation of the will as a traditional institute, which is used for the acquisition of the inheritance, and they focus on the testator, formalities and essentials of the will, and its cancellation. In these chapters is then included also the issue of the interpretation of a will, her custody and mentioned is also the institute of the heritage administrator. The sixth chapter is devoted to the inheritance contract, i.e. to the institute that the new Civil...
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Inheritance contract and donation mortis causa as a manifestation of autonomy of will of testator (donor)
Urbanová, Tereza ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Inheritance contract and donation mortis causa as a manifestation of autonomy of will of testator (donor) Abstract This rigorous thesis is focused on two institutes, namely the inheritance contract and donation mortis causa from the perspective of a testator's or donor's will. Autonomy of will of a testator is one of the main principles of Czech private law. Goal of this thesis is to found out where there are restrictions for the testator (donor) and if there is enough possibility to fulfil free will in these instruments. Thesis follow the research of possibility to choose contractual party, limitation of the asset that can be included and limitation of disposal with the asset after conclusion of the contract. The aim of this work is to determine whether the current legislation enshrining the contract of inheritance and donation in case of death provides the testator (donor) with sufficient legal certainty, especially with regard to the fact that the legal effects of these legal acts are linked to the death of the testator (donor). This thesis provides introduction to the autonomy of will principle. Further chapters are focused on explanation of notions stated above. Firstly, inheritance contract and -subsequently donation mortis causa. Because of the fact that institutes state above are old-new institutes...
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Inheritance contract and donation mortis causa
Salač, Josef ; Zvára, Michael (referee)
Inheritance contract and donation mortis causa Abstract This thesis presents, defines and examines two institutes of obligation-inheritance law, namely the inheritance contract and donation mortis causa, in the Czech law. Author deals with the most burning issues which are associated with these legal institutes. Thesis is divided into ten main parts. Each part is being divided into chapters and subchapters then. The first part aims to provide a brief introduction to the law of inheritance. Parts two to five are oriented to the historical genesis with a main focus to the present domestic legislation. Attention is also devoted to special regulations of the inheritance contract of spouses and registered partners. The sixth part presents, defines and puts the institute of donation mortis causa into the historical context. Donation mortis causa is a subject of the research in the Roman law and especially in the Czech law. Thesis analyzes donation mortis causa in both of its modalities occuring in the Czech law. The part seven deals with the Roman-law institute quarta Falcidia, due to its relations with the inheritance contract, donation mortis causa and legacies. The part eight is focused on the issues related to the inheritance contract and donation mortis causa with international element. Attention of this...
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Hereditary Titles -Legal Regulation in the Czech Republic and in France
Váchová, Aneta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Hereditary Titles - Legal Regulation in the Czech Republic and in France Aim of this thesis is to present legal regulation of hereditary titles in the Czech Republic and in France. Within five chapter, the thesis provides analysis of the current legal framework of the particular hereditary titles in the Czech and French jurisdiction. Each hereditary title, which is a legal reason for inheritance, is presented in a separate chapter. Each chapter is then - for clarity reasons - further divided into subsections: firstly stating the Czech legal framework, followed by the French one. For easier understanding of the topic, the first chapter is dedicated to introduction into inheritance law and is followed by presenting the particular requirements of inheritance, which are conditions for realization of inheritance law. Second chapter talks about the inheritance contract and shows its legal regulation in the Czech Republic. Besides the general provisions, it also discusses the specific regulation of inheritance contract concluded between spouses. In connection to that, the French regulation of inheritance contract is displayed, whose state is set into the historical context. Third chapter is focused on introducing into the problematic of testament, legal requirements for its obtaining as well as legal...
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Inheritance contract and donation mortis causa
Salač, Josef ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Inheritance contract and donation mortis causa Abstract This thesis presents, defines and examines two institutes of obligation-inheritance law, namely the inheritance contract and donation mortis causa, in the Czech law. Author deals with the most burning issues which are associated with these legal institutes. Thesis is divided into ten main parts. Each part is being divided into chapters and subchapters then. The first part aims to provide a brief introduction to the law of inheritance. Parts two to five are oriented to the historical genesis with a main focus to the present domestic legislation. Attention is also devoted to special regulations of the inheritance contract of spouses and registered partners. The sixth part presents, defines and puts the institute of donation mortis causa into the historical context. Donation mortis causa is a subject of the research in the Roman law and especially in the Czech law. Thesis analyzes donation mortis causa in both of its modalities occuring in the Czech law. The part seven deals with the Roman-law institute quarta Falcidia, due to its relations with the inheritance contract, donation mortis causa and legacies. The part eight is focused on the issues related to the inheritance contract and donation mortis causa with international element. Attention of this...
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Testamentary disposition - recent legal regulation and regulation in the new Civil Code
Šafářová, Ivana ; Salač, Josef (advisor) ; Dvořák, Jan (referee)
Testamentary disposition - recent legal regulation and regulation in the new Civil Code The theme of this thesis are testamentary dispositions, therefor such legal acts, by which the testator still during his lifetime decides how to be loaded with his property after his death and who then become his heirs. My main purpose in writing this thesis was to try to compare the current legislation (Act No. 40/1964 Coll.) with the legislation, which brings the new Civil Code (Act No. 89/2012 Coll. effective from 1.1.2014). The text of the thesis consists of eight sections, i.e. introduction, six chapters and final summary. Introduction acquaints the reader with the regulation of the succession law, presents the heritage titles, and brings the general characteristics of the testamentary disposition. The following four chapters are devoted above all to the regulation of the will as a traditional institute, which is used for the acquisition of the inheritance, and they focus on the testator, formalities and essentials of the will, and its cancellation. In these chapters is then included also the issue of the interpretation of a will, her custody and mentioned is also the institute of the heritage administrator. The sixth chapter is devoted to the inheritance contract, i.e. to the institute that the new Civil...
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