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Limits of the testator's will
Horejcová, Lucie ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
Limits of the testator's will The principle of autonomy of will is one of the fundamental principles of the law of succession. It is a respect for human personality. The aim of this thesis is a comprehensive introduction to the concept of the autonomy of the testator's will and its limits. This is achieved in five main chapters. The first chapter introduces the reader to the law of succession in general and then to its principles, which is important for a better understanding of the whole issue. The second chapter focuses on the initial enshrinement of the principle of autonomy of the will in Roman law and the subsequent development of this principle throughout modern history, especially in the General Civil Code and subsequently in the civil codes of the twentieth century. The institutions by which the testator has been able to express his will throughout history are described and compared with each other. The third chapter concerns the new Civil Code. This current legislation is very different from the previous ones. It provides for a very detailed regulation of the law of succession and gives the testator a wide range of options as to how he can express his will and dispose of his property in the event of death. In this chapter, I analyse the different acquisitions in case of death and their...
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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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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 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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