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Evolution of inheritance title deeds
Váňa, Dalibor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
- Evolution of inheritance titles My thesis contains the description and analysis of inheritance titles through the history - from Roman law to legal situation de lege ferenda. The institution of inheritance is an indispensable part of the system of law. The inheritance contributes to keeping property values of a deceased person for his successors, usually for further generations. The inheritance law contributes also to the certainty and continuity in legal relations between entities of civil law relations. The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The thesis pays the greatest deal of attention to the regulation de lege lata and regulation de lege ferenda and their comparation. Description of the provisions of the civil code is accompanied by important judgments of the courts. Historical excursion starts in the Roman law which is commonly accepted as the basis of the current legal regulations and follows by the brief review of the middle-ages law. The thesis then deals with the Allgemeines bürgerliches Gesetzbuch (ABGB) adopted in 1811. This civil code became the first modern regulation in the Czech territory. ABGB was valid until the beginning of the twentieth century's 50s, after the communist revolution, when new "socialistic" regulation took...
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Testate succession
Pecha, Martin ; Pohl, Tomáš (advisor) ; Elischer, David (referee)
The law of succession is a branch of civil law that deals with devolution of property rights and duties of a decedent to his heirs. The new Civil Code that came into force in 2014 brought considerable changes in the field of the law of succession. Finally, the legal regulation pays proper attention to the law of succession and testate succession. After more than sixty years, there were restored legal institutions such as Clauses of lesser importance in a testament (condition, determination of time or a mandate), inheritance contract, privileged wills, legacy, vulgar substitution or fideicommissum. Not only because of these institutions can a testator finally organize freely and according to his own will his property situation mortis causa. The purpose of my diploma thesis is to analyze the testate succession according to the Czech Civil code that became effective on the 1st of January 2014. The thesis is divided into two parts. The first part is split into five chapters that deal with individual prerequisites of succession. The prerequisites of succession are as follows: the death of a testator, the existence of a decedent's estate, the capacity of an heir to inherit, the legal ground of succession and the acceptance/non-refusal of inheritance. Meeting all prerequisites of succession is crucial to...
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Testament
Šťastná, Jana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Testament Abstract The aim of this thesis was to provide a comprehensive analysis of the testament, one of the most important institutes of inheritance law. Act No. 89/2012 Coll., the New Civil Code, focuses on strengthening testamentary freedom, which permits the testator to decide, how his property is disposed of upon his death. This work is divided into three chapters. Chapter one brings general and comprehensive overview of legislation on inheritance law, notably with respect that inheritance law is part of to the private law. Attention has been paid to principles on which the law is based on. The work then defines the other two inheritance titles, i.e. heritage contract and intestate succession, and compares them with the "will". Second chapter, which is main theme of this master's thesis, outline discusses about the institute of last will, including obligatory and optional elements of testament, permissible forms of will, clauses, legatum and revocation the testament, while briefly considering some institutes more closely in the light of the current legislation. Finally, the paper examines Polish inheritance law, with an eye towards field of testate succession and explains the nuances within both systems. It sets out the fundamental differences. On the other hand points out the similarities, even...
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Testate succession
Pecha, Martin ; Pohl, Tomáš (advisor) ; Elischer, David (referee)
The law of succession is a branch of civil law that deals with devolution of property rights and duties of a decedent to his heirs. The new Civil Code that came into force in 2014 brought considerable changes in the field of the law of succession. Finally, the legal regulation pays proper attention to the law of succession and testate succession. After more than sixty years, there were restored legal institutions such as Clauses of lesser importance in a testament (condition, determination of time or a mandate), inheritance contract, privileged wills, legacy, vulgar substitution or fideicommissum. Not only because of these institutions can a testator finally organize freely and according to his own will his property situation mortis causa. The purpose of my diploma thesis is to analyze the testate succession according to the Czech Civil code that became effective on the 1st of January 2014. The thesis is divided into two parts. The first part is split into five chapters that deal with individual prerequisites of succession. The prerequisites of succession are as follows: the death of a testator, the existence of a decedent's estate, the capacity of an heir to inherit, the legal ground of succession and the acceptance/non-refusal of inheritance. Meeting all prerequisites of succession is crucial to...
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Inheritance titles
Wagenknechtová, Pavla ; Frintová, Dita (advisor) ; Dvořák, Jan (referee)
AAbbssttrraakktt vv aanngglliicckkéémm jjaazzyyccee The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The purpose of my thesis is to describe and analyse current substantive legislation of inheritance titles in the Czech legal system, describe historical context and compare it with a proposal of future legislation. The whole thesis is composed of three parts: an Introduction, five Chapters and a Conclusion. Chapter One outlines the historical development of the issue. The following Chapters Two, Three and Four examine the relevant current Czech legislation of inheritance titles. Chapter Two analyzes general conditions of inheritance law, Chapters Three and Four focuse on explanation of the intestate and testate succession. Finally, the last Chapter Five describes the proposal of future legislation. This thesis is based on the legal situation of 1. November 2010.
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Evolution of inheritance title deeds
Váňa, Dalibor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
- Evolution of inheritance titles My thesis contains the description and analysis of inheritance titles through the history - from Roman law to legal situation de lege ferenda. The institution of inheritance is an indispensable part of the system of law. The inheritance contributes to keeping property values of a deceased person for his successors, usually for further generations. The inheritance law contributes also to the certainty and continuity in legal relations between entities of civil law relations. The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The thesis pays the greatest deal of attention to the regulation de lege lata and regulation de lege ferenda and their comparation. Description of the provisions of the civil code is accompanied by important judgments of the courts. Historical excursion starts in the Roman law which is commonly accepted as the basis of the current legal regulations and follows by the brief review of the middle-ages law. The thesis then deals with the Allgemeines bürgerliches Gesetzbuch (ABGB) adopted in 1811. This civil code became the first modern regulation in the Czech territory. ABGB was valid until the beginning of the twentieth century's 50s, after the communist revolution, when new "socialistic" regulation took...
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