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Contract for work in the field of construction
Slámová, Anna ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Guardianship in inheritance proceedings Abstract The presented diploma thesis deals with "guardianship in inheritance proceedings". The thesis aims to evaluate the meaning and purpose of the institute of guardianship focused on inheritance proceedings, to describe its legislation and relevant jurisprudence, and answer the question of whether the current legislation on guardianship provides sufficient protection to the rights and interests of persons under special protection participating in court proceedings. The thesis consists of five parts, including an introduction and a conclusion. The first part focuses on inheritance proceedings, its legal regulation, sources, and the proceedings in the context of the legal system. Inheritance proceedings are defined as non-disputed proceedings, and a comparison between non-disputed and disputed proceedings is also given. This part explains the court's jurisdiction, the preconditions, the proceedings' initiation, and the notary's role as a court commissioner. The course of the entire inheritance proceedings and the decisions issued in the proceedings are also described. In the second part, the participation in civil court proceedings is discussed. A general explanation of procedural entities, preconditions for participation such as procedural capacity and capacity to...
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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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The implications of inheritance proceedings on the substitution of parties in civil proceedings
Ladman, Michal ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
1 The implications of inheritance proceedings on the substitution of parties in civil proceedings Abstract This thesis aims to provide a comprehensive overview of the intersection of the statutory regulation of inheritance proceedings and the substitution of parties in civil proceedings, which are inextricably linked. In specific cases, the initial settlement of the succession proceedings is essential for determining the successor in title. The court in civil proceedings must wait until the judicial commissioner has carried out the necessary acts and can pass a final resolution on the estate. For this thesis, the following questions are posed: What is the current legal regulation of substitution of parties when one of the parties loses their qualification to be a party in civil proceedings? How may inheritance proceedings end? What are the implications for the substitution of parties in civil proceedings? Description of the current legislation and an analysis of specific legal institutes or a synthesis of individual provisions used to conclude the impact of the probate proceedings are used the most to achieve the aim of the thesis. The thesis is divided into four interrelated areas. The introduction, which contains the objectives and a summary of the intended content of the thesis, is followed by a more...
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Inheritance proceedings with a focus on the transfer of the testator's debts
Fučíková, Tereza ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Inheritance proceedings with a focus on the transfer of the testator's debts Abstract This diploma thesis, entitled Inheritance proceedings with a focus on the transfer of the testator's debts, deals with inheritance proceedings as such with an emphasis on the transfer of the testator's debts to his legal successors and their settlement. The thesis is divided into four separate chapters. The first chapter contains a general introduction to the basic principles of civil procedural law, uncontested proceedings, and inheritance, to the purpose of inheritance proceedings, and to the sources of law on which the inheritance proceedings are based. Other subchapters are also devoted to defining the jurisdiction of the court and identifying the persons involved in the proceedings. The second chapter deals with the course of inheritance proceedings with a focus on the transfer of the testator's debts from its commencement to its final termination. The chapter discusses, among other things, the preliminary investigation, identification of the estate's assets and liabilities, separate subchapters are devoted to the reservation of the inventory and convocation of creditors. Furthermore, the discussion of the estate itself and the decision on the estate are discussed. The last subchapter briefly deals with the additional...
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A notary in inheritance proceedings
Kejvalová, Petra ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
A notary in inheritance proceedings The aim of the study is to describe the activity of the notary as a court commissioner in inheritance proceedings and to compare Czech and Slovak legislation on this issue. In our legislation the inheritance proceeding is mandatory, as well as court commissariat, which means that when the court learns of the death of the person promptly starts the inheritance proceedings and instructs the court commissioner with the acts in proceedings. Court commissioner has de facto the control of the inheritance proceedings in his hands and with small exceptions he makes all acts in the proceeding. I chose this theme because I am interested in notary in general and court commissariat is one of the most important activities of the notary. This study is divided into three parts: 1.part- Notary in the inheritance proceedings in Czech Republic, 2. part- Notary in the inheritance proceedings in Slovak Republic, 3.part-final summary and the comparison. The parts are further divided into chapters and subchapters. I and II. part are structured similarly, but differ in scope. First part is more detailed and brings out also some problems, which are connected with this institution. In this part, I wrote also about some aspects of court commissariat in Austrian legislation to provide better...
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Inheritance proceedings
Černá, Kamila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Inheritance proceedings The goal of my Master's thesis is to describe in detail the course of the inheritance proceedings. Even though, the overall rule states that inheritance is assumed at the moment of decedent's death, the inheritance proceedings must take place. It is therefore a procedure set by law that is presided by a notary as a court commissar who is authorized by a competent court. During the proceedings, the notary locates decedent's inheritors, his assets and debts. With conclusion of the proceedings, all decedent's property relations are assorted in order. Simply it can be said, the conclusion of the inheritance proceedings is a division of decedent's assets and debts among all heirs. This thesis is divided into five chapters. The first chapter describes the history of the inheritance proceedings and the position of a notary as a court commissar in the period in between the First Republic to the contemporary practice. Furthermore, the contemporary inheritance proceeding is characterized as well as its function and legal framework, including its demarcation as a non-adversarial process. The second chapter deals with matters of court's authority and competence for the inheritance proceedings. The subchapter with inheritance proceedings with a foreign aspect, e.g. inheritance proceeding...
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Disputes over inheritance law in inheritance proceedings
Stoklasová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Disputes over inheritance law in inheritance proceedings Abstract This thesis deals with the inheritance proceedings. The thesis is primarily focused on disputes over inheritance law that may arise during the inheritance proceedings and which must be resolved in the ways prescribed by law before the final decision on inheritance is made. The content of this thesis is divided into four main chapters. The first chapter is devoted to the general characteristics of inheritance proceedings. The purpose was to describe which legal provisions regulate the inheritance procedure, on which principles the procedure is based and what its normal course looks like. Chapter two is focused directly on the disputes over inheritance law. The subchapters describe what a dispute over inheritance law is and how it is defined by the Act On Special Court Proceedings. On the contrary, it is also described what the case law or commentary literature does not consider as a dispute over inheritance law, although this may not be obvious at first sight. The procedure for resolving such disputes depends on whether the dispute is based solely on a legal assessment of the situation, or whether the facts on which the right of succession of individuals depends are the subject of the dispute. The aim of the subchapter, which focuses on the...
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Inheritance proceedings with focus on transfer of debts of the testator
Hönig, Ondřej ; Macková, Alena (advisor) ; Dvořák, Bohumil (referee)
This rigorous thesis entitled "Inheritance proceedings with focus on transfer of debts of the testator - natural person" studies the inheritance proceedings from the perspective, respectively, with a focus on the transfer of debts of the testator to legal successors, as this area of law has undergone significant changes in previous years following the recodification of private law, and raising a number of questions of legal doctrine and practice, which have not been answered yet. With regard to current social developments, it can be assumed that debts will appear in the estates more frequently, and hence this topic deserves due attention. This thesis is divided into three chapters. The first chapter focuses on the theoretical and legal definition of the inheritance proceedings themselves, including the position of a notary as an authorized court commissioner to perform acts of the court of first instance, and the definition of the debt institute, its concept, limitation, and transition to legal successors. The second chapter builds on the conclusions made in the previous chapter and sets them at the level of applicable procedural law, as it discusses the procedure of the court commissioner in resolving inheritance proceedings in which testator left debts. Attention is paid to the fundamental...
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Inheritance procedings with focus on resolution of succession disputes
Benko, Jan ; Smolík, Petr (advisor) ; Frintová, Dita (referee)
INHERITANCE PROCEEDINGS WITH FOCUS ON RESOLUTION OF SUCCESSION DISPUTES Key Words: inheritance proceedings, succession disputes, resolution of succession disputes Although the inheritance proceedings is a regular agenda of just one of all the legal professions in the Czech Republic - notaries - it is recommended to pay attention to it by other members of the legal community at least to the extent so that they have a general overview of it. This knowledge then might be found useful not only in a professional career but also in the private sphere. Attorneys must possess this knowledge considerably wider and deeper, because while representing their clients before a notary as a judicial commissioner may and actually do arise disputes over being an heir of a deceased individual, what an estate of the deceased individual include or not etc. The aim of this thesis is, in particular, to expound to the wider professional public inheritance proceedings, to provide general overview of its regular process and possible difficulties that may appear, to point out potential succession or other related disputes, and to help members of the notary community with their day-to-day business and unified and clear resolution of succession disputes arose in inheritance proceedings. The first part of this thesis is devoted to the...
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A notary and civil procedure
Krejčí, Kristina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The aim of the thesis is to analyze the role of the notary in the Czech legal order placing emphasis on the link between his activities and the civil process. The thesis is divided into three chapters. The opening chapter deals with the history of notary office and presents and clarifies the basic notary principles. It is also dedicated to the scope of their professional organisation. Chapter two represents the most extensive part of the thesis, where the relationship between notary and civil procedure is clarified. The first subchapter deals with the role of notary as a court commissioner within inheritance proceedings. While performing acts in the inheritance proceedings, his activities resemble to the field of activities of a judge, because notary carries out the whole proceedings from the moment of the authorisation given by court of first instance, including the decision on the merits. The second subchapter is dedicated to the role of notary while drawing up notarial deeds under which executory proceeding can be directly ordered and carried out. If the notarial deed meets all the requirements by law and contains the clause of execution, it represents a public document, which works in the executory proceedings as a mode for execution thanks to which the civil procedure can be skipped. This subchapter...
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