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Settlement of matrimonial property in the probate proceedings
Otradovcová, Zuzana ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
Settlement of matrimonial property in the probate proceedings The purpose of this final thesis entitled "Settlement of matrimonial property in the probate proceedings " is to describe and analyse the rules governing the settlement of the community of property in the probate proceedings and to describe the current legal regulation, including a confrontation of some opinions in the doctrine. The first chapter contains the definition of the concept of community property, the second chapter is about historical development from the General Civil Code to the present day, where both the possibilities of matrimonial property arrangement and the subsequent settlement of this community are described. The third chapter describes the procedural procedure in the probate proceedings for the settlement of the matrimonial property and also describes the protection of the surviving spouse. The fourth chapter describes the different ways of settlement of matrimonial property in the probate proceedings, i.e. the agreement of the surviving spouse and the heirs or a court decision, and also deals with the situation of dissolved but unsettled community property. The brief fifth chapter deals with the situation of registered partners. The final chapter is about comparison with the French legislation, first describing the...
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Inheritance proceedings with a focus on the transfer of the testator's debts
Fučíková, Tereza ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Inheritance proceedings with a focus on the transfer of the testator's debts Abstract This diploma thesis, entitled Inheritance proceedings with a focus on the transfer of the testator's debts, deals with inheritance proceedings as such with an emphasis on the transfer of the testator's debts to his legal successors and their settlement. The thesis is divided into four separate chapters. The first chapter contains a general introduction to the basic principles of civil procedural law, uncontested proceedings, and inheritance, to the purpose of inheritance proceedings, and to the sources of law on which the inheritance proceedings are based. Other subchapters are also devoted to defining the jurisdiction of the court and identifying the persons involved in the proceedings. The second chapter deals with the course of inheritance proceedings with a focus on the transfer of the testator's debts from its commencement to its final termination. The chapter discusses, among other things, the preliminary investigation, identification of the estate's assets and liabilities, separate subchapters are devoted to the reservation of the inventory and convocation of creditors. Furthermore, the discussion of the estate itself and the decision on the estate are discussed. The last subchapter briefly deals with the additional...
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The benefit of inventory in inheritance proceedings
Kejharová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The benefit of inventory in inheritance proceedings The thesis provides a description of an issue of heir liability to the debts of testators and a restriction of this capacity in a form of the benefit of inventory institute. The aim of the thesis is to provide a complex description of this institute and an impact of its use on the process of inheritance procedure. The thesis also deals with a legislation of an estate inventory and its practical usage. Part of the thesis is devoted to a comparison of a current legislation with the previous one as well as a comparison with the German legislation. The thesis is divided systematically into five chapters. The aim of the first chapter is to explain basic concepts and principles that should offer the reader a theoretical base, which means regarding an inheritance procedure per se and mainly to elucidate a concept of a testator's debts transfer in connection with a principle of universal succession. The second chapter deals with a comparison of testator's debts transfer to an heir included in the Civil Code with a previous legislation. The chapter outlines the ideological changes that occurred in the course of time and how these were projected into inheritance law legislation. A major part of the chapter deals mostly with a comparison with a common Civil...
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Transfer of inheritance to heirs
Chvalová, Teodora ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
TRANSFER OF INHERITANCE TO HEIRS Abstract The aim of the rigorosum thesis is to clarify the issue of transfer of inheritance to heirs. Particular chapters of the thesis are defined at the beginning. Main attention is given to the current regulation of transfer of inheritance to heirs set in § 1670 - § 1713 of the current Czech Civil Code. First of all, the inheritance and the decendent's estate are characterised for a better understanding of the chosen topic. Particular key terms related to the issue of transfer of inheritance to heirs are explained then. The administration of inheritance, the administrator of inheritance, his rights and duties, subject of administration of inheritance, free disposal of property, differences between simple and full administration of inheritance are mentioned. The inventory of inheritance, its aim, order, reimbursement of expenses, substitution, and incomplete inventory of inheritance and the issue of status of creditors is discussed as well. The closure of inheritance and the way of distribution of inheritance based on last will of decedent, determination of third person, agreement between heirs, decision of court, related settlement of heirs and allocation of claims and debts is analysed later. The issue of debts related to the transfer of inheritance to heirs is solved in...
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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...
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The Privilege of Inventory and the Liability for the Testator's Debts
Slaná, Aneta ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
1 The Privilege of Inventory and the Liability for the Testator's Debts Abstract The rigorous thesis deals with the mutually complementary themes of the privilege of inventory and the liability of heirs for debts, belonging among the most popular topics in inheritance law. Since the amendment to the Civil Code returns to the traditional concept, the legislator dusted off several important institutes known from the last century. The often-misunderstood privilege of inventory must be exercised by the heir in order to be liable for the testator's debts only to a limited extent, whereas under the effectiveness of the previous Civil Code this was stipulated automatically. It is also an institute protecting disadvantaged groups of heirs. At least, that is how it may seem at first glance. Sometimes, the inventory of the estate can become a disproportionate burden to heirs, only to protect an unknown or absent heir. The liability for the testator's debts, or rather its extent, is generally a crucial matter for the heir to be able to decide whether to reject or accept the inheritance. If the heir is an obedient participant to the estate proceedings, they can limit their liability not only by the privilege of inventory, since the Civil Code also provides the institute of creditors' convocation to maximize the...
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Alienation of inheritance
Hořejší, Dominik ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Alienation of inheritance - Abstract This diploma thesis deals as first only with issues of alienation of inheritance under § 1714 - 1720 of Civil Code. The diploma is about reintroduced institute standing in the boundary of obligational and inheritance law, which is related to aleatory contracts such as insurance, bet, game and lottery, and which was known by the law of First republic, and which roots are dated to the old Rome age, but which is by the present professional publick almost undiscovered. The objective of this diploma thesis was describe to professional and laical publick rules, principles of workings of this law institute. The diploma thesis in great details analyses present legislation and pays attention to all variants of aplication of this law institute in praxis. The diploma thesis further compares present legislation with her precursor, which was originated to the beginning of the 19th century together with Austrian ABGB, and as well describes judicature of Supreme Court based on this theme. Author of this diploma submits on hypothetical scenarios possible variations of use of this law institute and all of its variable verzions consisting primarly on aleatory or not aleatory of concluded contratc, further finds weak points of present legislation and proposes its novelization to level up...
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Inheritance proceedings with focus on transfer of debts of the testator
Hönig, Ondřej ; Macková, Alena (advisor) ; Dvořák, Bohumil (referee)
This rigorous thesis entitled "Inheritance proceedings with focus on transfer of debts of the testator - natural person" studies the inheritance proceedings from the perspective, respectively, with a focus on the transfer of debts of the testator to legal successors, as this area of law has undergone significant changes in previous years following the recodification of private law, and raising a number of questions of legal doctrine and practice, which have not been answered yet. With regard to current social developments, it can be assumed that debts will appear in the estates more frequently, and hence this topic deserves due attention. This thesis is divided into three chapters. The first chapter focuses on the theoretical and legal definition of the inheritance proceedings themselves, including the position of a notary as an authorized court commissioner to perform acts of the court of first instance, and the definition of the debt institute, its concept, limitation, and transition to legal successors. The second chapter builds on the conclusions made in the previous chapter and sets them at the level of applicable procedural law, as it discusses the procedure of the court commissioner in resolving inheritance proceedings in which testator left debts. Attention is paid to the fundamental...
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Transfer of inheritance to heirs
Chvalová, Teodora ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
TRANSFER OF INHERITANCE TO HEIRS Abstract The aim of the rigorosum thesis is to clarify the issue of transfer of inheritance to heirs. Particular chapters of the thesis are defined at the beginning. Main attention is given to the current regulation of transfer of inheritance to heirs set in § 1670 - § 1713 of the current Czech Civil Code. First of all, the inheritance and the decendent's estate are characterised for a better understanding of the chosen topic. Particular key terms related to the issue of transfer of inheritance to heirs are explained then. The administration of inheritance, the administrator of inheritance, his rights and duties, subject of administration of inheritance, free disposal of property, differences between simple and full administration of inheritance are mentioned. The inventory of inheritance, its aim, order, reimbursement of expenses, substitution, and incomplete inventory of inheritance and the issue of status of creditors is discussed as well. The closure of inheritance and the way of distribution of inheritance based on last will of decedent, determination of third person, agreement between heirs, decision of court, related settlement of heirs and allocation of claims and debts is analysed later. The issue of debts related to the transfer of inheritance to heirs is solved in...
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Testamentary succession
Muzikář, Martin ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Testamentary succession Key-words: inheritance, inheritance proceeding, notarial registration, public record, successi- on, testament. Abstract This rigorous thesis deals with the questions of testamentary succession. These problems re- present main section of law of succession and they are also very actual in the context of a new legal form respecting freedom of the testator will. The thesis aims to provide reader compact and practical view on testamentary succession and analyze especially polemic questions, which are problematic in practice. The thesis issues not only from the study of contemporary literature and practise of the courts, but also closely explore historical legal forms, especially legal form included in General Civil Code. With this is connected analysis of authentic literature and practice of the courts (e. k. Supreme Court from 1859−1915 and Supreme Court of Czechoslovak republic from 1919− 1948). Last but not least the thesis gathers from the wide variety of foreign sources and offers comparison with the similar legal forms like Austrian, German and Swiss. On the strength of these informations it solves submitted problems from a practical point of view, so that resul- ting conclusions constitute not only logical interpretation of law, but especially follow the purpose of the legal form...
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