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Testament
Havlíková, Julie ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Testament The diploma thesis explores a significant aspect of inheritance law testaments as a means of posthumous property disposition. The primary objective is to comprehensively describe and analyse the existing legal framework governing testaments, as stipulated in Act No. 89/2012 Coll., the Civil Code. In contrast to preceding regulations, this current legislation provides a broad spectrum of options empowering the testator to shape the destiny of their estate after death. The examination of testaments and associated legal constructs extends beyond a mere scrutiny of statutory provisions. The study incorporates a jurisprudential perspective, encompassing both contemporary and historical dimensions. The analysis draws insights from commentaries, explanatory reports, professional articles, and diverse literary sources, with a brief exploration of foreign legal paradigms. The first chapter serves as an introduction to inheritance law, elucidating its fundamental principles and contextualizing the traditional tenets of this legal domain. This section also scrutinizes the presumptions underlying inheritance. In the ensuing chapter, the focus shifts to a detailed exploration of testaments, encompassing aspects such as acquisition capacity, error resolution, and testament interpretation. A comparative analysis...
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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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Autonomy of testator's Will
Šotová, Sandra ; Švestka, Jiří (advisor) ; Pohl, Tomáš (referee)
The rigorous thesis provides an insight of free testator's will. It is divided into five chapters that are further structured into sub-chapters where are terms, institutes and other matters related to this subject explained in depth. The thesis is mainly focused on interpretation of the current hereditary right that is combined with practice of the courts. In parallel is every chapter that discusses the current legislation, compared with the proposal of the new civil code. The thesis also includes a historical overview, beginning with the Roman law. The last chapter analyses the proposal of the new civil law with description of institutes that were not mentioned in previous chapters.
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Notarial deed as an obligatory form of juridical act for disposition mortis causa
Ševců, Kateřina ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Notarial deed as an obligatory form of juridical act for disposition mortis causa The purpose of my thesis is to discuss about juridical act for disposition mortis causa which for its validity requires mandatory form of notarial deed with a brief explanation of particular institutes. Submitted work is divided into eight chapters, the first chapter begins with a foreword by which is the work briefly introduced and shows the readers in the issue. The second chapter discusses about the importance of a notarial deed of juridical act for disposition mortis causa and highlights the benefits of drafting these documents by professional lawyer, such as notary, in comparison with risks that might come if the acquirer of these documents decides for a private form. In this chapter I also show on the probative force of public documents compared to private documents. In conclusion of this chapter is a brief list of the mandatory requirement of a notarial deed of juridical act for disposition mortis causa, including authorization to admit and lend these notarial acts. The third chapter deals in detail the "old-new" institute of contract of inheritance, its history and a brief comparison with the institute of donation mortis causa. The fourth chapter of my work pays attention to renunciation of the right of...
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The institution of legacy in Czech and Italian inheritanc
Koníčková, Markéta ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The thesis deals with one of the reinstated institutes which are introduced by act number 89/2012 Sb., that is by the new Civil Code and it is the institute of Legacy. This work is divided into five chapters, where firstly it discusses the characteristics of this institute in Roman Law and compares it with the institute of fideicommissum. In addition this work deals with characteristics of this institute in Italian law from the times of Unification of Italy up to the present day, therefore it briefly deals with both of the Italian civil codes. The most extensive chapter deals with the institute in our own legal history, especially about its form in ABGB, the "warp" and the "middle" code and it is followed by chapter, which deals with our new Civil Code, which has returned this institute into our Inheritance Law. The whole work is concluded by a comparison of the similarity of this institute in Italian and Czech legal order. This work is elaborated on positive note and its aim is to show that this is very practical institute, which is in both ours and Italian law very similar even though it has been developing for centuries. I believe that it could become normal part of donation mortis causa.
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Testament
Příhodová, Michaela ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
This thesis addresses the issue of wills. A will is the most common and most frequent disposition of property upon death, through which the deceased can effect his wishes regarding how his assets will be disposed of in the event of his death. The aim of the study was to determine whether the issue is now comprehensibly regulated, whether it meets the needs of the people and whether is suitable for the people who deal directly with this issue, in particular notaries. The work is focused on the current legislation regarding wills contained in Act no. 89/2012 Coll of The Civil Code, which is markedly different to the previous legislation as per Act no. 40/1964 Coll. of The Civil Code. Specifically, this thesis addresses the characteristics of wills, their interpretation, contents, subjects, forms and methods of revocation.
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Testamentary Practice of Prague Jews Based on Analysis of the Books of Testaments from 1681-1850.
Krákora, Tomáš ; Ebelová, Ivana (advisor) ; Šedinová, Jiřina (referee)
This diploma thesis, entitled "Testamentary Practice of Prague Jews Based on Analysis of the Books of Testaments from 1681-1850," deals with the Jewish books of testaments which arose from the office of the King's Prague Old Town during the years 1681 and 1850 and nowadays are deposited in Prague City Archives. The text relates to conclusions presented by previous bachelor thesis and its main aim is the analysis of Jewish last wills from years 1773- 1850 from various points of views - for instance typology of records, testators, language, contents and other. Also analysis of chosen records are attached to the practical section of the work - last wills and related writings of Abraham Offner, Philipp Eidlitz and Löwi Gisternitz are introduced. Collected datas are consequently compared with facts extracted from Jewish books of testaments from years 1681-1773. Detailed summary, diagrams, as well as the photographic attachment are the integral part of the text. Keywords: Jews, Prague, early modern period, manuscripts, testaments, testator, last wills, Abraham Offner, Philipp Eidlitz, Löwi Gisternitz
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Testamentary succession in Roman law and its reflection in Czech law
Viduna, Daniel ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The theme of this rigorous thesis is a "Testamentary succession in Roman law and its reflection in Czech law." The topic I have chosen both because of his interest, since the institute inheritance affects each of us and testament is a tool for the testator to dispose of their property on their own will. Another reason for choosing this theme is a recent recodification of private law. The aim of this work is to evaluate the influence of Roman law on legislation applicable in the territory of the Czech (Czechoslovak) republic since its inception (1918) to the present. This thesis is divided into eight chapters. The first two chapters are general initiation into the issue of inheritance law. The third chapter deals with testamentary succession according to Roman law, while the first is dealing with the succession as such, as well as the issue of acceptance and rejection of heritage and protection of the legitimate heir. The following is a main part aimed directly at testament, on its requirements, forms and also its possible annulment and the possibility of abolishing it. Finally, the chapter discusses the so-called succession against the testament, thus on the rights of the heirs can't be disregarded. Chapters fourth to seventh focus on testamentary inheritance succession in the laws in force on our...
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Testamentary inheritance
Bareš, Lumír ; Dvořák, Jan (advisor) ; Šustek, Petr (referee)
The rigorous thesis provides an insight into legal regulation of testamentary succession in the civil code and new Civil Code in comparison with the german regulation. It is divided into six chapters that are further structured into sub-chapters where are terms, institutes and other matters related to this subject explained in depth. The thesis is mainly focused on interpretation of the current hereditary right that is combined with practice of the courts. In parallel is every chapter that discusses the current legislation, compared with the old civil code. The thesis also includes a historical overview, beginning with the Roman law. The last chapter analyses the legal regulation of testamentary succession in Germany with description of institutes that are different from Czech legal regulation. Powered by TCPDF (www.tcpdf.org)
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The institution of legacy in Czech and Italian inheritanc
Koníčková, Markéta ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The thesis deals with one of the reinstated institutes which are introduced by act number 89/2012 Sb., that is by the new Civil Code and it is the institute of Legacy. This work is divided into five chapters, where firstly it discusses the characteristics of this institute in Roman Law and compares it with the institute of fideicommissum. In addition this work deals with characteristics of this institute in Italian law from the times of Unification of Italy up to the present day, therefore it briefly deals with both of the Italian civil codes. The most extensive chapter deals with the institute in our own legal history, especially about its form in ABGB, the "warp" and the "middle" code and it is followed by chapter, which deals with our new Civil Code, which has returned this institute into our Inheritance Law. The whole work is concluded by a comparison of the similarity of this institute in Italian and Czech legal order. This work is elaborated on positive note and its aim is to show that this is very practical institute, which is in both ours and Italian law very similar even though it has been developing for centuries. I believe that it could become normal part of donation mortis causa.
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