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Comparison of the Czech and French Law of Succession and analysis of the relevant French Legal terminology with a glossary
ZÍKOVÁ, Tereza
The main aim of this bachelor thesis is a comparative analysis of the Czech and French legislation on inheritance law. The secondary objective is the analysis of the relevant legal terms. The thesis is divided into four main chapters, which are subsequently divided into subchapters. The first chapter deals with the Czech legal regulation of inheritance law. The second chapter deals with the regulation of inheritance law in France and the third chapter compares the Czech and French regulation of inheritance law. The last chapter contains an analysis of specific French legal terminology and includes a French-Czech glossary. The thesis ends with a conclusion and a summary in French.
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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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Heritage with special accent to inheritance titles
Tesařová, Lenka
1 Abstract At the beginning of my work, I explained and defined a term and function of inheritance (in Czech: dědictví); in this respect I would like to highlight a general understanding of the inheritance under the Civil Code of 1811. Under this Civil Code, the inheritance was understood as an exclusive right to take possession of whole probate estate (in Czech: pozůstalost) or its part determined in its relation to the whole part. Inheritance law was right in rem, which took effect against to everyone who wanted to usurp the probate estate (to disturb the heirs (in Czech: dědic) in exercising or execution of the particular right). A general interpretation and introduction to the inheritance rights under the current legislation is also described in the above-mentioned part of my work. Further, this part of my work contains a brief description of the principles on which the inheritance law is created. These principles were already defined by Emanuel Tilsch. In general, the inheritance law is a summary of all legal rules which govern the transfer of rights and obligations of the death (in Czech: zemřelý) to his/her legal successor (the inheritance law in the objective meaning). Usually, the inheritance law is connected with the death of an individual (when the death is proved by the death certificate or a...
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Statutory inheritance
Rutar, Radka ; Thöndel, Alexandr (referee)
Statutory inheritance Abstract This thesis discusses the legal regulation of inheritance law with emphasis on the institute of statutory inheritance, from the point of view not only of Czech law but also in comparison of the individual legal institutes with their foreign regulation. The aim of this thesis is to answer the question whether the current Czech legislation can provide a prudent, safe and predictable framework for the valid adjustments of property relations of the decedent and the participants of the inheritance proceedings after the death of the decedent The submitted thesis is structurally divided into three larger parts which further separate into a total of fifteen chapters. The first part of the thesis briefly discusses the gradual historical evolution of inheritance law and its codification on the territory of Czech lands and of historically related countries. The first part also includes the introduction of the purpose of inheritance law and its controlling principles, formulated at the beginning of the 20th century by the outstanding Czech lawyer Prof. Emanuel Tilsch. The individual institutes such as statutory classes of heirs, forced heirship or escheat are logically organised and described in detail from a historically-comparative perspective as well as from the perspective of foreign...
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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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Statutory inheritance
Rutar, Radka ; Thöndel, Alexandr (referee)
Statutory inheritance Abstract This thesis discusses the legal regulation of inheritance law with emphasis on the institute of statutory inheritance, from the point of view not only of Czech law but also in comparison of the individual legal institutes with their foreign regulation. The aim of this thesis is to answer the question whether the current Czech legislation can provide a prudent, safe and predictable framework for the valid adjustments of property relations of the decedent and the participants of the inheritance proceedings after the death of the decedent The submitted thesis is structurally divided into three larger parts which further separate into a total of fifteen chapters. The first part of the thesis briefly discusses the gradual historical evolution of inheritance law and its codification on the territory of Czech lands and of historically related countries. The first part also includes the introduction of the purpose of inheritance law and its controlling principles, formulated at the beginning of the 20th century by the outstanding Czech lawyer Prof. Emanuel Tilsch. The individual institutes such as statutory classes of heirs, forced heirship or escheat are logically organised and described in detail from a historically-comparative perspective as well as from the perspective of foreign...
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Statutory inheritance
Rutar, Radka ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Petr, Bohuslav (referee)
Statutory inheritance Abstract This thesis discusses the legal regulation of inheritance law with emphasis on the institute of statutory inheritance, from the point of view not only of Czech law but also in comparison of the individual legal institutes with their foreign regulation. The aim of this thesis is to answer the question whether the current Czech legislation can provide a prudent, safe and predictable framework for the valid adjustments of property relations of the decedent and the participants of the inheritance proceedings after the death of the decedent The submitted thesis is structurally divided into three larger parts which further separate into a total of fifteen chapters. The first part of the thesis briefly discusses the gradual historical evolution of inheritance law and its codification on the territory of Czech lands and of historically related countries. The first part also includes the introduction of the purpose of inheritance law and its controlling principles, formulated at the beginning of the 20th century by the outstanding Czech lawyer Prof. Emanuel Tilsch. The individual institutes such as statutory classes of heirs, forced heirship or escheat are logically organised and described in detail from a historically-comparative perspective as well as from the perspective of foreign...
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Acquisition of heritage and heritage titles
Janoušková, Radka ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
The presented thesis contains the description and comparison of the current legislation of acquisition of heritage, especially titles of acquisition of heritage, with the rules valid in the territory of the Czech Republic in its history and outlines its further development leading to the effectiveness of the New Civil Code (Law No. 89/2012 Coll.). It focuses on the essential points of our history that constantly influence the development of the law of succession (Roman law, Allgemeines Bürgeliches Gesetzbuch of 1811). It also closer devotes the issue of the inheritance eligibility, the option to accept or to refuse the inheritance, issue of disinheritance, that are basic prerequisite to the acquisition of heritage of any reason. In the connection with disinheritance it was mentioned protection of indispensable heirs, which significantly influence the autonomy of the will of the testator. Because of the approaching legal effect of the New Civil Code, which represents the biggest change in our private law in the last fifty years, it is also described in more detail upcoming regulation of succession titles, heritance acquisition in general and its main sources of inspiration (General Civil Code of 1811 and the German Civil Code). This thesis may also serves as a basis for further learning and the...
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Heritage with special accent to inheritance titles
Tesařová, Lenka ; Dvořák, Jan (advisor) ; Radvanová, Senta (referee) ; Salač, Josef (referee)
1 Abstract At the beginning of my work, I explained and defined a term and function of inheritance (in Czech: dědictví); in this respect I would like to highlight a general understanding of the inheritance under the Civil Code of 1811. Under this Civil Code, the inheritance was understood as an exclusive right to take possession of whole probate estate (in Czech: pozůstalost) or its part determined in its relation to the whole part. Inheritance law was right in rem, which took effect against to everyone who wanted to usurp the probate estate (to disturb the heirs (in Czech: dědic) in exercising or execution of the particular right). A general interpretation and introduction to the inheritance rights under the current legislation is also described in the above-mentioned part of my work. Further, this part of my work contains a brief description of the principles on which the inheritance law is created. These principles were already defined by Emanuel Tilsch. In general, the inheritance law is a summary of all legal rules which govern the transfer of rights and obligations of the death (in Czech: zemřelý) to his/her legal successor (the inheritance law in the objective meaning). Usually, the inheritance law is connected with the death of an individual (when the death is proved by the death certificate or a...
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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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