National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
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...
Disputes arising from inheritance proceedings
Bucharová, Julie ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
The rigorosum thesis deals with disputes that may arise during the inheritance proceedings and after the end of the proceedings. It takes a closer look at the right of inheritance disputes and the right of disinheritance disputes, and it deals with other types of disputes, too. The thesis also focuses on unclear interpretation concerning disputes resolution. The author proposes possible alternative interpretations and comes up with de lege ferenda changes, that might contribute to finding an unambiguous resolution. The rigorosum thesis consists of six chapters divided into subheads for the sake of clarity. The first chapter deals with the nature of the inheritance proceedings as a non-contentious suit, its main principles, and an overview of various types of disputes. The second chapter deals with a historical overview of the disputes on the right of inheritance, the disinheritance disputes, and the protection of qualified heir after the end of the inheritance proceedings. The third chapter discusses the right of inheritance disputes as provided for by effective legal regulation in force. The chapter also deals with the present protection of qualified heir. The fourth chapter introduces readers to legal regulation of the disinheritance disputes or the forced share disputes and the unclear concept of their...

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