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Testamentary succession - valid legal regulations in comparison with the proposed regulations in the new Civil Code
Juráková, Helena ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
(RESUMÉ - ANGLICKÁ VERZE) This thesis deals with the problems of testamentary succession. The subtitle of the thesis is "Valid legal regulations in comparison with the proposed regulations in the new Civil Code". The headline of the thesis itself suggests that our interest is aimed at the creation of the new Civil Code and its influence on the law of succession. In relation to the prepared new codification of the Czech Civil Substantive Code, the thesis deals mainly with the comparison of the existing valid legal regulations of testamentary succession with the proposed regulations included in the government motion of the new Civil Code. The existing legal institutes are explained, the institutes proposed in the new legal regulations of the testamentary succession follow them, including brand new or after a long time renewed legal institutes of the testamentary law. As for the taxonomy of the thesis, it deals firstly with the general questions, i.e. mainly preconditions for the testament to become legal grounds to the succession, and then preconditions for the testament to be a legal transaction. The preconditions are composed in their summary, i.e. both general preconditions necessary for the validity of all legal transactions generally, and some specific legal preconditions that have to be...
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Testamentary succession - valid legal regulations in comparison with the proposed regulations in the new Civil Code
Juráková, Helena ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
(RESUMÉ - ANGLICKÁ VERZE) This thesis deals with the problems of testamentary succession. The subtitle of the thesis is "Valid legal regulations in comparison with the proposed regulations in the new Civil Code". The headline of the thesis itself suggests that our interest is aimed at the creation of the new Civil Code and its influence on the law of succession. In relation to the prepared new codification of the Czech Civil Substantive Code, the thesis deals mainly with the comparison of the existing valid legal regulations of testamentary succession with the proposed regulations included in the government motion of the new Civil Code. The existing legal institutes are explained, the institutes proposed in the new legal regulations of the testamentary succession follow them, including brand new or after a long time renewed legal institutes of the testamentary law. As for the taxonomy of the thesis, it deals firstly with the general questions, i.e. mainly preconditions for the testament to become legal grounds to the succession, and then preconditions for the testament to be a legal transaction. The preconditions are composed in their summary, i.e. both general preconditions necessary for the validity of all legal transactions generally, and some specific legal preconditions that have to be...
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