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Testament
Kotrnochová, Tereza ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
V ANGLICKÉM JAZYCE The aim of my thesis was to carry out a detailed analysis of one of the most important institutions of the law of succession - testament. My secondary objective was to compare briefly the Czech legislation of testament with the legislation of Germany, which was one of the sources of inspiration for the Czech recodification works. Legislation of this institute after the adoption of the Civil Code significantly transformed and strengthened the testing freedom of the testator. Testament is one of the three forms of testamentary disposition that make it possible for the testator to decide how his property is going to be managed after his death. The first of the six chapters deals generally with law of succession, explains the key terms, concepts and important leading principles. Furthermore this chapter presents various prerequisites of inheritance and generally characterizes and defines the institute of testament. In the second chapter, I am aiming to outline the historical development of testament which roots can be tracked back to Roman law. In the following subchapters I am describing the legislation changes of this institution in our country with particular attention to the ABGB, another important source of inspiration, and also to the form of the institute in the period of...
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Testament
Kotrnochová, Tereza ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
V ANGLICKÉM JAZYCE The aim of my thesis was to carry out a detailed analysis of one of the most important institutions of the law of succession - testament. My secondary objective was to compare briefly the Czech legislation of testament with the legislation of Germany, which was one of the sources of inspiration for the Czech recodification works. Legislation of this institute after the adoption of the Civil Code significantly transformed and strengthened the testing freedom of the testator. Testament is one of the three forms of testamentary disposition that make it possible for the testator to decide how his property is going to be managed after his death. The first of the six chapters deals generally with law of succession, explains the key terms, concepts and important leading principles. Furthermore this chapter presents various prerequisites of inheritance and generally characterizes and defines the institute of testament. In the second chapter, I am aiming to outline the historical development of testament which roots can be tracked back to Roman law. In the following subchapters I am describing the legislation changes of this institution in our country with particular attention to the ABGB, another important source of inspiration, and also to the form of the institute in the period of...
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Historical development of testament
Rudolfová, Johana ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Main goal of the diploma thesis was to present historical development of a testament in the area of Bohemia. Chapters of the thesis are put in chronological order and all the periods with an influence on the development are mentioned. At first an approach to testament in Roman law is presented, followed by feudal approach, an approach of the General Civil Code, approaches of totalitarian civil codes from 1950 and 1964 including changes which appeared after the Velvet Revolution and finally a new approach of the new civil code, Act No. 89/2012, taking effect on the January 1, 2014. To be able to understand fully the testament and all the related institutes it is necessary to begin with Roman law. It was the Roman law which laid the foundations for civil codes in Europe. This applies also to the testament in our area. Development in the following feudal period however was not positive when it comes to succession. Testament is therefore coming on the scene much later - mostly in form of code called city rights, which began a renaissance of the Roman law. The first complete civil code from 1811 was revolutionary when it comes to, besides other things, testament and succession. The General Civil Code was based on the Roman law traditions, it introduced extraordinary testamentary power for a testator,...
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Inheritance law in theory and practice
Tůmová, Kristina ; Spirit, Michal (advisor) ; Pavlincová, Jana (referee)
Subject of the Bachelor thesis "Inheritance law in theory and practice" is dedicated to the most significant changes between new and old Civil code, in the right of succession area. New Civil code broadened the provisions concerning inheritance and brought back some expressions used in previous civil codes. The goal of the theoretical part is to familiarize readers with the evolution process of Inheritance law in the Czech Republic territory from the beginning of 20th century until the present day. A concrete case was chosen for the practical part, judged by the old Civil code. In the case is shown, how insufficient legislation can affect interpretation of the law. In the conclusion a model situation is added to illustrate what would happen if the important questions in this case were heard by the new Civil code.
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Inheritance as a Change of Ownership Rights
Répal, Lukáš ; Spirit, Michal (advisor) ; Soušková, Milena (referee)
This bachelor dissertation is committed to inheritance, inheritance law and inheritance as a change of the rights of ownership. The goal of this work is to give enough information so that even the unknowing reader will know what is connected with inheritance, what are the basic terms from this area of law and also the questions of inheritance's inter-family relations because inheritance will be a subject everyone deals with eventually. The subject of this dissertation is inheritance from history until current legal regulation. At the same time there is also mentioned inheritance as a change of ownership law and concepts that are related with this part of civil law. In the introduction is explained the terms of inheritance and inheritance law with the view to the history of Roman law and to the Middle Ages. Next is an explanation of the basic law terms through to our current law regulation. There is also a focus on inheritance procedure including the change of the ownership rights and then will be the process of the registration of the ownership right to the real estate cadastre. With this topic is also connected a possibility of an unmerchantable inheritance. With this topic is connected one of the cases that are mentioned. At the end this work is included practices of the courts.
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