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Disinheritance - current legal regulation and historical context
Bucharová, Julie ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This diploma thesis deals with the legal regulation of disinheritance, with regard to historical context. The thesis focuses primarily on the analysis of the grounds for disinheritance. Disinheritance is an institute that serves as a counterbalance to the legal protection of forced heirs, subsisting in their right to a forced share. If a deceased decides to deprive a forced heir of the protection guaranteed by the heir's right to inherit, i.e., to exclude the forced heir from his or her right to a forced share or restrict the forced heir in his or her right, the deceased may do so exclusively on the grounds defined by law. The current law provides for six disinheritance grounds: failure to provide necessary assistance in need, failure to show real interest, conviction for a crime, permanent unrestrained life, incapacity to inherit, and indebtedness or prodigality. The purpose of this diploma thesis is to provide a comprehensive explanation of the institute of disinheritance while emphasising in particular the legal provisions concerning each of the grounds for disinheritance, and through such explanation, to assess the current law and propose amendments, if any, de lege ferenda. The diploma thesis is divided in four chapters, with each chapter being split in sub-chapters. Chapter I defines the key terms...
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Disinheritance - current legal regulation and historical context
Bucharová, Julie ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This diploma thesis deals with the legal regulation of disinheritance, with regard to historical context. The thesis focuses primarily on the analysis of the grounds for disinheritance. Disinheritance is an institute that serves as a counterbalance to the legal protection of forced heirs, subsisting in their right to a forced share. If a deceased decides to deprive a forced heir of the protection guaranteed by the heir's right to inherit, i.e., to exclude the forced heir from his or her right to a forced share or restrict the forced heir in his or her right, the deceased may do so exclusively on the grounds defined by law. The current law provides for six disinheritance grounds: failure to provide necessary assistance in need, failure to show real interest, conviction for a crime, permanent unrestrained life, incapacity to inherit, and indebtedness or prodigality. The purpose of this diploma thesis is to provide a comprehensive explanation of the institute of disinheritance while emphasising in particular the legal provisions concerning each of the grounds for disinheritance, and through such explanation, to assess the current law and propose amendments, if any, de lege ferenda. The diploma thesis is divided in four chapters, with each chapter being split in sub-chapters. Chapter I defines the key terms...
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