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Private International Law from a Comparative View. Succession in Private International Law according to Czech and Austrian Law
Kernová, Lenka ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Private International Law from a Comparative View Succession in Private International Law according to Czech and Austrian Law The aim of the following thesis is to compare the Czech and Austrian rules of international private law in the area of succession and wills. I have chosen this topic, because this area was so far not comprehensively unified, which is to be changed in the early future. Apart from current legislative works on the european field, new internal international private law act is also being prepaired in the Czech Republic. The thesis is composed of 12 chapters and several subchapters. The first chapter describes the historical background of current international private law with special consideration of the succession area. With regard to the common historical development of the two states, it is considered as appropriate initial basis. The two following chapters represent introduction into international private law in general. Specifically the understanding of the term "international private law" in both laws is being analyzed here. And also I attempted to describe the internal structure of Czech and Austrian international private law acts. Starting with chapter 4 I focused on the branch of law of succession. Firstly I tried to introduce the topic with explanation of the given term. As it...
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Succesionh in international private law
Joklová, Andrea ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
At the moment, the European regulation on jurisdiction, applicable law, recognition and enforcement of decisions in matters of successions is being prepared, the comparison of the respective ruling of the EU Member States presents, therefore, very actual theme. At first, the problematic situations are exposed in this thesis that occur because of the different treatment of the particular legal orders and result into negative consequences which shall be eliminated by the unified European ruling. It concerns the conflict of qualifications, the incidental question, the renvoi and the factor of time. In the second part, this thesis deals with the particular questions of succession. The legal orders of the EU Member States usually contain a choice of law rule referring to succession as whole, while several particular questions, such as capacity to make a will, its content and form, possibility to select the applicable law as well as admissibility of other dispositions mortis causa, are submitted to another choice of law rule. In general, the applicable law is the law of the deceased's last domicile or their nationality. Some states apply the "scission" model where the immovables are governed by their lex situs while the rest of succession underlies to the above mentioned general rule. Apart from the...
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Private International Law from a Comparative View. Succession in Private International Law according to Czech and Austrian Law
Kernová, Lenka ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Private International Law from a Comparative View Succession in Private International Law according to Czech and Austrian Law The aim of the following thesis is to compare the Czech and Austrian rules of international private law in the area of succession and wills. I have chosen this topic, because this area was so far not comprehensively unified, which is to be changed in the early future. Apart from current legislative works on the european field, new internal international private law act is also being prepaired in the Czech Republic. The thesis is composed of 12 chapters and several subchapters. The first chapter describes the historical background of current international private law with special consideration of the succession area. With regard to the common historical development of the two states, it is considered as appropriate initial basis. The two following chapters represent introduction into international private law in general. Specifically the understanding of the term "international private law" in both laws is being analyzed here. And also I attempted to describe the internal structure of Czech and Austrian international private law acts. Starting with chapter 4 I focused on the branch of law of succession. Firstly I tried to introduce the topic with explanation of the given term. As it...
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Succesionh in international private law
Joklová, Andrea ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
At the moment, the European regulation on jurisdiction, applicable law, recognition and enforcement of decisions in matters of successions is being prepared, the comparison of the respective ruling of the EU Member States presents, therefore, very actual theme. At first, the problematic situations are exposed in this thesis that occur because of the different treatment of the particular legal orders and result into negative consequences which shall be eliminated by the unified European ruling. It concerns the conflict of qualifications, the incidental question, the renvoi and the factor of time. In the second part, this thesis deals with the particular questions of succession. The legal orders of the EU Member States usually contain a choice of law rule referring to succession as whole, while several particular questions, such as capacity to make a will, its content and form, possibility to select the applicable law as well as admissibility of other dispositions mortis causa, are submitted to another choice of law rule. In general, the applicable law is the law of the deceased's last domicile or their nationality. Some states apply the "scission" model where the immovables are governed by their lex situs while the rest of succession underlies to the above mentioned general rule. Apart from the...
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