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Fideicommissum
Kundelová, Veronika
;
Dvořák, Jan
(advisor) ;
Elischer, David
(referee)
Fideicommissum Abstract The diploma thesis addresses the institute of fideicommissum or fideicommissary substitution which was reintroduced in the legal order of the Czech Republic by the new Civil Code No. 89/2012 Coll. The institute of fideicommissum is part of private law, in particular of inheritance law, which can be found in Chapter 3, Part 3 of the Civil Code. Fideicommissum assists to adjust property and family relations, in particular by preserving and transferring family assets for private purposes in accordance with the current needs of today's society. The institute is nowadays very practical as it enables a testator to dispose of his/her property in a better way in the event of his/her death as it allows the testator in predictable situations to appoint any persons who are to take the position of the original heir specified in the last will and testament in the event of heir's death. The first part of the thesis focuses on the creation of the institute of fideicommissum, its development and its various forms in which the institute occurred throughout the history. The second part of the thesis introduces institutes of private law, in particular inheritance law which is linked with the institute of fideicommissum or has some common features. This part deals with the essence and significance of...
Detailed record
Fideicommissum
Kostelecká, Barbora
;
Dvořák, Jan
(advisor) ;
Elischer, David
(referee)
This thesis deals with the fideicommissary substitution that has made a reappearance in the civil law of the Czech Republic after fifty years. This change came into effect on the 1st of January 2014, along with a newly effective and modernized Civil Code. The purpose of this thesis is to analyze the reasons for the reintroduction of the fideicommissary substitution into the Czech inheritance law. The thesis is divided into three main sections. The first section focuses on the definition of the fideicommissary substitution. The fideicommissary substitution is also compared to other similar institutions of the Czech inheritance law. The second section focuses on the origins of the fideicommissum in Roman law and its alterations throughout the history, with the emphasis on its adaptations in the Civil Codes effective on the territory of the current Czech Republic. The last section focuses on comparing the institution of the fideicommissary substitution to similar institutions in France, Germany, Spain and Scotland in order to demonstrate the differences and similarities among them.
Detailed record
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