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Legal position of the forced heir
Málková, Michala ; Dvořák, Jan (advisor) ; Zvára, Michael (referee)
Legal position of the forced heir Abstract This rigorous thesis discusses the legal position of the forced heir. This is one of the major topics in the law of succession and it affects wider public. Forced heirs are guaranteed to receive special protection consisting mainly of property inheritance benefits, even against the will of a testator. Defining the legal position of the forced heir represents a certain compromise between the principles of mandatory family protection and the autonomy of the testator's will. The goal of this thesis is to provide a comprehensive overview of the position of the forced heir, focusing on certain disputable topics and practical applications. The thesis aims to link legislation with practical examples and to describe changes that are being introduced to the legal status of forced heirs by the practise of courts and by professional literature. Special attention is given to the compulsory portion, collation and the forced heir's position in the inheritance proceedings. The rigorous thesis consists of seven chapters, each of them divided into subchapters for clarity. The first chapter discusses the basic principles related to forced heirs. The second chapter consists of the basic institutes of the law of succession in relation to forced heirs. The third chapter provides an...
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Intestate succession in the comparative prospective
Vaňasová, Markéta ; Macková, Alena (advisor) ; Thöndel, Alexandr (referee)
Mgr. Markéta Vaňasová Topic of the rigorous thesis: Intestate succesion in the comparative prospective ABSTRACT The main aim of this rigorous thesis named "Intestate succession in comparative prospective" is in particular comparison between current Czech legislation regarding the succession law with the legislation in the area of succession law of few other countries - namely with Spain, Catalonia and Mexico. This thesis does not deal only with the substantive law in the area of succession, but also with the procedural legislation of succesion law, including succession with an international element. My ambition, while writing this rigorous thesis, was to create a systematic overview of intestate succesion in the Czech Republic, by using the valid legislation, experts' literature (mainly foreign) and the case law; pointing out the practical problems of valid legislation and its comparison to the legislation in the area of succession law in the above mentioned countries.
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Testament
Hamerská, Vladimíra ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This work deals with the testament. It applies to its historical evolution (beginning in the times of the ancient Roman law), contemporary legal rules and also prepared s ignificant legal changes. The work divides the types of testaments, describes the possibilities of its change or cancellation and goes into the legal institute of disinheritance in detail. The final part of this work is dedicated to the overview of chosen foreign legal rules regarding the testament.
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Heritage with special accent to inheritance titles
Tesařová, Lenka
1 Abstract At the beginning of my work, I explained and defined a term and function of inheritance (in Czech: dědictví); in this respect I would like to highlight a general understanding of the inheritance under the Civil Code of 1811. Under this Civil Code, the inheritance was understood as an exclusive right to take possession of whole probate estate (in Czech: pozůstalost) or its part determined in its relation to the whole part. Inheritance law was right in rem, which took effect against to everyone who wanted to usurp the probate estate (to disturb the heirs (in Czech: dědic) in exercising or execution of the particular right). A general interpretation and introduction to the inheritance rights under the current legislation is also described in the above-mentioned part of my work. Further, this part of my work contains a brief description of the principles on which the inheritance law is created. These principles were already defined by Emanuel Tilsch. In general, the inheritance law is a summary of all legal rules which govern the transfer of rights and obligations of the death (in Czech: zemřelý) to his/her legal successor (the inheritance law in the objective meaning). Usually, the inheritance law is connected with the death of an individual (when the death is proved by the death certificate or a...
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Protection of a forced heir and his disinheritance
Vladyková, Ivana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of a forced heir and his disinheritance The protection of the forced heir has always been perceived as a clash of the will of the descendant and the principle of family cohesion. The objective of my thesis is to describe legal regulation of the forced heir and institutes related to this issue, i.e. their protection and disinheritance not only from the point of view of the current legal regulation according to the Civil Code No. 89/2012 Coll., but also from the point of view of their historical development. The diploma thesis is structured into four main chapters which are divided into subchapters. The purpose of the first chapter is to familiarize readers with the issue of inheritance law by defining its basic terms, revealing historical development from the time of Roman law through the ABGB General Civil Code to the modern legislation from 1950 and 1964 and taking account of their impact on the current legal system. The second chapter deals with the definition of the term of a forced heir, the determination of the size of the right to a forced share based on the age of the descendant, its determination with the possibility of inclusion and the principle for its payment. Furthermore, there are discussed the ways of protecting the rights of the forced heir. The third chapter deals with...
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Protection of a forced heir and his disinheritance
Vacenovská, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of a forced heir and his disinheritance Forced heir is a close relative of testator, who is provided by law with the privilege to be involved in estate in the extent to which the law determines even against the will of the testator. The testator is allowed to exclude this right of forced heir only by dishereditance. The purpose of this thesis is to comprehensively describe issues of forced heir, their protection and dishereditance. In my thesis I highlight the changes arisen due to the new Civil Code but I also deal with the features of these institutes which were not affected by new concept and previous jurisprudence of higher courts can be used. The thesis is composed of five chapters. In the first chapter I shortly define the term forced heir and dishereditance. Because the regulation of forced heir and dishereditance is very traditional in European law, in the second chapter I provide the historical background and development of these institutes. I describe rights of close relatives of testator in ancient Rome, the Middle Ages, and also in Civil Codes which come into existence in last century, but I focus mostly on Common Civil Code of 1811. Current Czech legal regulation of forced heir and dishereditance is divided into third and fourth chapter because of clear arrangement. In the...
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Protection of a forced heir and his disinheritance
Koritarová, Jitka ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of forced heir and disinheritance The purpose of this thesis is to describe the current legislation concerning protection of forced heir and disinheritance and to highlight the recent and most important changes. The protection of forced heir shows intergenerational solidarity in law of succession opposed to another basic principle of law of succession - decedents autonomy of will. The institute of forced heir grants right to inherit a forced share to descendent's children in case the descendent forgets to include them in his disposition mortis causa. Disinheritance is the only legal option to break the protection of forced heir. The descendent might, only in compliance with the conditions set by the civil code, deprive the forced heir of his right to inherit the forced share completely or partially. The thesis is composed of five chapters. Chapter One introduces the basic terms, such as protection of forced heir, disinheritance and the institute of incapacity to inherit as one of the reasons for disinheritance. Chapter Two is subdivided into five parts and provides the historical background and development of the institutes of forced heir and disinheritance. Each part concentrates on different period, starting at legislation in ancient Rome and Common Civil Code through Czech Civil Code...
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Legal Position of the forced Heir
Stiborová, Barbora ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The subject of my theses is a special category of heirs so-called forced heirs. This theme describes their substantive position and guaranteed increased protection determined by law which is especially defined by right to share on inheritance to an extent determined by law. Will of testator is hereby limited by right of forced heir in forced share. Irrespective of most European regulations only offspring of testator are counted to the circle of forced heirs in the Czech Republic whereby the difference is between minors who are entitled to at least three quarters of share and majors who are entitled to minimum of one quarter determined by legal inheritance share. This thesis is systematically divided into seven chapters. After general historical background and general terms of inheritance law explained in the second chapter, next chapter is continued by the definition of several institutes which are mutually interlinked and also closely related to the person of forced heir. Fourth chapter is dedicated to right of forced share in which I am focusing on its calculation, offsetting and final payment. I completely describe, by means of legal jurisdiction, disinheritance and incapacity to inherit in the two following chapters. Last chapter includes two institutes which, under influence of NCC (New civil...
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Intestate succession in the comparative prospective
Vaňasová, Markéta ; Macková, Alena (advisor) ; Thöndel, Alexandr (referee)
Mgr. Markéta Vaňasová Topic of the rigorous thesis: Intestate succesion in the comparative prospective ABSTRACT The main aim of this rigorous thesis named "Intestate succession in comparative prospective" is in particular comparison between current Czech legislation regarding the succession law with the legislation in the area of succession law of few other countries - namely with Spain, Catalonia and Mexico. This thesis does not deal only with the substantive law in the area of succession, but also with the procedural legislation of succesion law, including succession with an international element. My ambition, while writing this rigorous thesis, was to create a systematic overview of intestate succesion in the Czech Republic, by using the valid legislation, experts' literature (mainly foreign) and the case law; pointing out the practical problems of valid legislation and its comparison to the legislation in the area of succession law in the above mentioned countries.
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The forced heir and disinheritance
Kozlová, Ivana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
1 SUMMARY- FORCED HEIR AND DISINHERITANCE The subject of this thesis is the forced heir and disinheritance. The purpose of the thesis is to describe the current and future legal regulation while comparing them. Every testator is obliged to leave some part of the property to his or her forced heir. The forced heir is the testator's descendant and can be either minor or major. The only way for testator to avoid this obligation is to write a deed of disinheritance. There is a specified number of reasons of disinheritance; they are as follows: 1) the forced heir did not provide necessary assistance to the testator in disease, in old age or in a certain serious case 2) he did not show real interest in the testator 3) he was sentenced to imprisonment for at least one year 4) he led a dissolute life. The New Civil Code has replaced the third reason by following: the forced heir was sentenced for a criminal offense, which indicates his wicked nature, and adds one more reason of disinheritance, allowing to the testator to disinherit a wasteful forced heir. Both the current and future regulation of disinheritance are criticized for their generality and unclear definition of legal terms. The thesis is composed of 4 chapters. Chapter One is introductory and defines basic terminology used in the thesis: the forced heir...
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