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Comparison of the Czech and Spanish Law of Succession and analysis of the relevant Spanish legal terminology with a glossary
BUROVÁ, Tereza
The aim of this bachelor thesis is to describe and compare the Law of Succession in the Czech Republic and the Kingdom of Spain. The text is divided into several chapters. The theoretical part contains introductory chapters, which are devoted to the description of Roman inheritance law and the historical development of sources in the territory of these countries. The following is a description of the most important institutes of Law of Succession of both states and their comparison. The practical part is dedicated to the linguistic analysis of related terms and the formation of the Spanish-Czech glossary. The bachelor thesis is concluded with a resumé in Spanish.
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Protection of a forced heir and his disinheritance
Pospíšilová, Gabriela ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
1 Protection of a forced heir and his disinheritance - Abstract The protection of a forced heir is the protection of a descendant who is entitled to have the testator leave him at least a forced share of his estate. It is a traditional institute of inheritance law, which is a manifestation of the principle of familiarization and intergenerational solidarity by ensuring that the testator cannot completely neglect his descendant from his acquisition without a legal reason. The corrective, ensuring the autonomy of the testator's expression of will, is the existence of an institute of disinheritance, which the testator can use if his descendant is not worthy of the inheritance for a reason defined by law. The two institutes coexist and should be interpreted in conjunction with each other. The thesis aimed to describe the institutes, especially according to the substantive law, with the addition of the necessary context of procedural law. The aim of the thesis was also to draw attention to problematic aspects and to analyze controversial issues and vague legal concepts. The first chapter is focused on defining the basic concepts of inheritance law, which are defined from general to specific. To understand the current legislation, much attention is paid to historical developments. The second chapter, therefore,...
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Testamentary capacityand disinheritance
Aleksić, Jovana ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Testamentary capacity and disinheritance Abstract Disinheritance is an institute of law, which gives the testator opportunity to shorten, or not to leave the forced share to the forced heir for which he is entitled by law. The testator can act in this way only if grounds for disinheritance are met. Grounds for disinheritance are defined by law. However, the legislator does not explicitly state who has this legal capacity. We infer this fact logically. The purpose of diploma thesis is the institute of disinheritance, its overall analysis and demonstration on examples from case law. Also, to evaluate the institute of testamentary incapacity, or the incapacity to make disposition of property upon death, and the institute of disinheritance and put them into context. At the same time, to point out whether legal definition of the testamentary incapacity could have been defined in a different way in the law. The diploma thesis is systematically divided into four chapters, which are then divided into subchapters. The first chapter explains the basic terms which are used in connection with institute of disinheritance. It also demonstrates the most important of the legal principles related to it. The second chapter deals with incapacity to make disposition of property upon death. It is pointed out here that the...
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Disinheritance and Forced Heir Protection
Blahová, Eliška ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Disinheritance and Forced Heir Protection - abstract Disinheritance is a significant instrument in inheritance law, protecting the testator's autonomy to dispose of their own property. It allows the testator to deprive their descendants of the right to a forced share in the estate, breaking the centuries-old tradition of intergeneration solidarity. The antithesis to disinheritance is the protection of a testator's descendant, i.e. the forced heir, who, under common circumstances, has the right to be provided for by the testator in their mortis causa actions. However, the legislation concerning these matters is often unclear, inconsistent, and imprecise. The aim of this thesis is to point out these problems and explain them to the reader, offer a comprehensive view on the historical development of both disinheritance and forced heir protection, and describe the current substantive and procedural provisions. The first chapter which defines the basic terminology is followed by a chapter on the historical development of disinheritance and forced heir protection in ancient Rome, the Middle Ages but especially in the Austrian Civil Code (ABGB) and the Czechoslovak Civil Codes of 1950 and 1964. The succeeding chapters are focused on the general rules of disinheritance and forced heir protection, primarily the...
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Statute of limitations of a plea concerning the voidability of a will as part of inheritance proceedings
Zethner, Aleš ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Statute of limitations of a plea concerning the voidability of a will as part of inheritance proceedings Abstract This thesis deals with the possible statute of limitations of a plea concerning the voidability of a will as part of inheritance proceedings or, as the case may be, identification of the conditions under which such statute of limitations is possible, since this becomes a current issue in a situation when there is an increase in the number of drawn up wills and length of inheritance proceedings. The thesis describes related legal institutions, including an analysis of related case law, and is applied to a specific case, whereas the author concludes that the statute of limitations of a plea concerning the voidability of a will as part of inheritance proceedings is possible, when the limitation period commences on the day that a disinherited descendant provably learned of the existence of a will and not the drawing up of a will or death of the testate. The author's conclusion, to a considerable extent, contradicts the very latest judgement of the Supreme Court of the Czech Republic which is also analysed in the thesis. From the author's point of view, this judgement is a strongly law-making decision which is not entirely consistent with the previous decision-making of the Supreme Court of the Czech...
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The statutory portion in the Civil Code
Kounovská, Iva ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
THE STATUTORY PORTION IN THE CIVIL CODE ABSTRACT This thesis deals with the Statutory Portion as a legal tenet of inheritance law, which falls within the scope of the Civil Code. The right to a statutory portion of an estate accrues only to a statutory heir; the statutory heir is always a direct descendant of the testator or, if no direct descendant is surviving, his or her descendants. The statutory portion is defined as that part of the inheritance which must be left free of encumbrance to the statutory heir or heirs. As well as the statutory portion, this thesis also deals with the status of the statutory heir, because it is the statutory heir who is primarily affected by the legal rules for the statutory portion. This is a person who may not be overlooked during the inheritance process; the testator is obliged leave him or her at least his legal share, the so-called statutory portion. In my thesis I also deal with the theoretical characteristics and definitions of basic concepts such as inheritance law, estate, inheritance and inheritance titles (hereditary contract, will and the legal sequence of inheritance). Accounting for the statutory portion and accounting for the bequeathed portion are described in the next chapter of this thesis, as two procedures with similar characteristics but with...
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Protection of a forced heir and his disinheritance
Vladyková, Ivana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of a forced heir and his disinheritance The protection of the forced heir has always been perceived as a clash of the will of the descendant and the principle of family cohesion. The objective of my thesis is to describe legal regulation of the forced heir and institutes related to this issue, i.e. their protection and disinheritance not only from the point of view of the current legal regulation according to the Civil Code No. 89/2012 Coll., but also from the point of view of their historical development. The diploma thesis is structured into four main chapters which are divided into subchapters. The purpose of the first chapter is to familiarize readers with the issue of inheritance law by defining its basic terms, revealing historical development from the time of Roman law through the ABGB General Civil Code to the modern legislation from 1950 and 1964 and taking account of their impact on the current legal system. The second chapter deals with the definition of the term of a forced heir, the determination of the size of the right to a forced share based on the age of the descendant, its determination with the possibility of inclusion and the principle for its payment. Furthermore, there are discussed the ways of protecting the rights of the forced heir. The third chapter deals with...
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Protection of a forced heir and his disinheritance
Vacenovská, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of a forced heir and his disinheritance Forced heir is a close relative of testator, who is provided by law with the privilege to be involved in estate in the extent to which the law determines even against the will of the testator. The testator is allowed to exclude this right of forced heir only by dishereditance. The purpose of this thesis is to comprehensively describe issues of forced heir, their protection and dishereditance. In my thesis I highlight the changes arisen due to the new Civil Code but I also deal with the features of these institutes which were not affected by new concept and previous jurisprudence of higher courts can be used. The thesis is composed of five chapters. In the first chapter I shortly define the term forced heir and dishereditance. Because the regulation of forced heir and dishereditance is very traditional in European law, in the second chapter I provide the historical background and development of these institutes. I describe rights of close relatives of testator in ancient Rome, the Middle Ages, and also in Civil Codes which come into existence in last century, but I focus mostly on Common Civil Code of 1811. Current Czech legal regulation of forced heir and dishereditance is divided into third and fourth chapter because of clear arrangement. In the...
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Protection of a forced heir and his disinheritance
Koritarová, Jitka ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of forced heir and disinheritance The purpose of this thesis is to describe the current legislation concerning protection of forced heir and disinheritance and to highlight the recent and most important changes. The protection of forced heir shows intergenerational solidarity in law of succession opposed to another basic principle of law of succession - decedents autonomy of will. The institute of forced heir grants right to inherit a forced share to descendent's children in case the descendent forgets to include them in his disposition mortis causa. Disinheritance is the only legal option to break the protection of forced heir. The descendent might, only in compliance with the conditions set by the civil code, deprive the forced heir of his right to inherit the forced share completely or partially. The thesis is composed of five chapters. Chapter One introduces the basic terms, such as protection of forced heir, disinheritance and the institute of incapacity to inherit as one of the reasons for disinheritance. Chapter Two is subdivided into five parts and provides the historical background and development of the institutes of forced heir and disinheritance. Each part concentrates on different period, starting at legislation in ancient Rome and Common Civil Code through Czech Civil Code...
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Legal Position of the forced Heir
Stiborová, Barbora ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The subject of my theses is a special category of heirs so-called forced heirs. This theme describes their substantive position and guaranteed increased protection determined by law which is especially defined by right to share on inheritance to an extent determined by law. Will of testator is hereby limited by right of forced heir in forced share. Irrespective of most European regulations only offspring of testator are counted to the circle of forced heirs in the Czech Republic whereby the difference is between minors who are entitled to at least three quarters of share and majors who are entitled to minimum of one quarter determined by legal inheritance share. This thesis is systematically divided into seven chapters. After general historical background and general terms of inheritance law explained in the second chapter, next chapter is continued by the definition of several institutes which are mutually interlinked and also closely related to the person of forced heir. Fourth chapter is dedicated to right of forced share in which I am focusing on its calculation, offsetting and final payment. I completely describe, by means of legal jurisdiction, disinheritance and incapacity to inherit in the two following chapters. Last chapter includes two institutes which, under influence of NCC (New civil...
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