|
|
A notary in inheritance proceedings
Kejvalová, Petra ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
A notary in inheritance proceedings The aim of the study is to describe the activity of the notary as a court commissioner in inheritance proceedings and to compare Czech and Slovak legislation on this issue. In our legislation the inheritance proceeding is mandatory, as well as court commissariat, which means that when the court learns of the death of the person promptly starts the inheritance proceedings and instructs the court commissioner with the acts in proceedings. Court commissioner has de facto the control of the inheritance proceedings in his hands and with small exceptions he makes all acts in the proceeding. I chose this theme because I am interested in notary in general and court commissariat is one of the most important activities of the notary. This study is divided into three parts: 1.part- Notary in the inheritance proceedings in Czech Republic, 2. part- Notary in the inheritance proceedings in Slovak Republic, 3.part-final summary and the comparison. The parts are further divided into chapters and subchapters. I and II. part are structured similarly, but differ in scope. First part is more detailed and brings out also some problems, which are connected with this institution. In this part, I wrote also about some aspects of court commissariat in Austrian legislation to provide better...
|
|
|
Inheritance proceedings
Černá, Kamila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Inheritance proceedings The goal of my Master's thesis is to describe in detail the course of the inheritance proceedings. Even though, the overall rule states that inheritance is assumed at the moment of decedent's death, the inheritance proceedings must take place. It is therefore a procedure set by law that is presided by a notary as a court commissar who is authorized by a competent court. During the proceedings, the notary locates decedent's inheritors, his assets and debts. With conclusion of the proceedings, all decedent's property relations are assorted in order. Simply it can be said, the conclusion of the inheritance proceedings is a division of decedent's assets and debts among all heirs. This thesis is divided into five chapters. The first chapter describes the history of the inheritance proceedings and the position of a notary as a court commissar in the period in between the First Republic to the contemporary practice. Furthermore, the contemporary inheritance proceeding is characterized as well as its function and legal framework, including its demarcation as a non-adversarial process. The second chapter deals with matters of court's authority and competence for the inheritance proceedings. The subchapter with inheritance proceedings with a foreign aspect, e.g. inheritance proceeding...
|
|
|
Inheritance proceedings in the Czech Republic and Germany
Procházka, Tomáš ; Macková, Alena (advisor) ; Mikeš, Jiří (referee)
TITLE: Inheritance proceedings in the Czech republic and Germany AUTHOR: Mgr. Tomáš Procházka DEPARTMENT: Civil law SUPERVISOR: Doc. JUDr. Alena Macková, Ph.D ABSTRACT: This thesis is about detailed legal analysis of the probate proceedings in the Czech republic and Germany. The Thesis is examines current issues of succession and diversity of both countries. The conclusion and contribution thesis is acquisition knowledge based on the results carried out research methods. This thesis is clearly divided into twelve chapters. In conclusion summarizes the problems identified in the inheritance of both countries, and proposed suggestions de lege ferenda. Suggestions lead to consider not only the inadequacy of existing regulations, but also the possibility of changes aimed at the uplift of our legislation to the level of other major European codes. This thesis is working with law of the Czech republic and Germany, professional books and journals of both countries, case law and jurisprudence even older which is used today. KEYWORDS: Death, Inheritance proceedings, Liquidation, Law court, Notary,
|
|
|
Inheritance proceedings
Černá, Kamila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Inheritance proceedings The goal of my Master's thesis is to describe in detail the course of the inheritance proceedings. Even though, the overall rule states that inheritance is assumed at the moment of decedent's death, the inheritance proceedings must take place. It is therefore a procedure set by law that is presided by a notary as a court commissar who is authorized by a competent court. During the proceedings, the notary locates decedent's inheritors, his assets and debts. With conclusion of the proceedings, all decedent's property relations are assorted in order. Simply it can be said, the conclusion of the inheritance proceedings is a division of decedent's assets and debts among all heirs. This thesis is divided into five chapters. The first chapter describes the history of the inheritance proceedings and the position of a notary as a court commissar in the period in between the First Republic to the contemporary practice. Furthermore, the contemporary inheritance proceeding is characterized as well as its function and legal framework, including its demarcation as a non-adversarial process. The second chapter deals with matters of court's authority and competence for the inheritance proceedings. The subchapter with inheritance proceedings with a foreign aspect, e.g. inheritance proceeding...
|
|
|
A notary in inheritance proceedings
Kejvalová, Petra ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
A notary in inheritance proceedings The aim of the study is to describe the activity of the notary as a court commissioner in inheritance proceedings and to compare Czech and Slovak legislation on this issue. In our legislation the inheritance proceeding is mandatory, as well as court commissariat, which means that when the court learns of the death of the person promptly starts the inheritance proceedings and instructs the court commissioner with the acts in proceedings. Court commissioner has de facto the control of the inheritance proceedings in his hands and with small exceptions he makes all acts in the proceeding. I chose this theme because I am interested in notary in general and court commissariat is one of the most important activities of the notary. This study is divided into three parts: 1.part- Notary in the inheritance proceedings in Czech Republic, 2. part- Notary in the inheritance proceedings in Slovak Republic, 3.part-final summary and the comparison. The parts are further divided into chapters and subchapters. I and II. part are structured similarly, but differ in scope. First part is more detailed and brings out also some problems, which are connected with this institution. In this part, I wrote also about some aspects of court commissariat in Austrian legislation to provide better...
|
|
|
Inheritance proceedings with a focus on selected issues expenditure in legal theory and practice
Kroupová, Michaela ; Pikola, Pavel (advisor) ; Jaromír, Jaromír (referee)
This thesis deals with the issue of inheritance procedure, and is focused on selected issues of expenses in legal theory and practice. The most notable changes in inheritance law became effective with the new Civil Code on January 1st 2014. A very important amendment to the funeral services law is in the process of approval at the moment.
Death is an integral part of everyone´s life. Everyone will die one day, we should think about the last farewell. Inheritance procedure is a very extensive and complex process. In case there is no one willing to prepare the funeral, the so called "social funeral" is organized by the municipality where the person died. The body is usually cremated and placed at the nearest appointed place. In some cases the municipality keeps the urns
at the office in order to save costs. The funeral is organized at the lowest cost possible.
The analytical part is focused on the "social funerals" and related expenses in specified cities of the Czech republic - Český Krumluv, Říčany and Šternberk. Afterwards, the number and costs of social funerals in selected districts of Prague is analyzed. Unfortunately not in all
of them, because some districts did not provide the data. The social funeral is not only for the case when the bereaved do not have the means, but also for the case when the family refuses to prepare the funeral for other reasons. One other option for people without financial resources could be self-organized funeral - without the assistance of a funeral service. Self-organized funerals are a very controversial topic. The funeral services of course refuse them, because it would reduce their business opportunities.
|
|
|
Steering gear of inheritance in Czech Republic
Charvátová, Karolína ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The theme of dissertation is "Inheritance and steering gear of inheritance in Czech Republic" because I widen the original theme of procedural law to material law - inheritance, according to New Civil Code (NOZ) which brought to Czech legal order many changes, also in the area of inheritance in Czech legislation. The thesis also analyses the changes which brought Zákon o zvláštních řízeních soudních. Dissertation then compares the new and the old legislation, highlights its pluses and minuses and also resolves if the new legislation is better the the old legislation and where are these changes obvious. This thesis should be general knowledge of changes in area of inheritance and steering gear according to NOZ, not at all detailed processing of institutes of inheritance law. Practical part of the thesis analyses judicature and three concrete testaments.
|
|
|
Institute of inheritance law in the Czech Republic
Hlaváčková, Lucie ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This bachelor thesis deals with the inheritance law governing transfer of deceased's ownership rights and obligations to his legal successors. There are desribed rights variations of individual groups of inheritors with focus on inheritance legislation of persons without matrimony. The subject of this thesis is also inheritance proceedings, inheritance refusal, inheritance disability or disinheritance, including example of both local proceedings and Czech Supreme Court jurisprudence.
|
|
|
Hereditary law - The analysis of the current and new legislation of the hereditary law
PELECH, Zdeněk
The bachelor thesis called "Hereditary law" ? The analysis of the current and new legislation of the hereditary law is a theoretically designed thesis, which points to the problem connected with changing the hereditary law legislation signed in the civil code, that will be valid in 2014. This thesis is trying to interpret the hereditary law with a respect to its practice. There is also designed a development of the hereditary law in the Czech countries. There was given a space to the basic terms, common for the elementary terms for the current and new legislation. The aim of this work is s detailed description and definition of the current and new legislation of the hereditary law and there will be also caught the basic differences of the bought legislations. On the base of the compare of both juridical documents, there will be evaluate impacts, which result from the changes in legislation for the participants of the hereditary proceeding.
|
|
|
Hereditary succession of a real property as a kind of ownership acquisition
Pacovský, Martin ; Spirit, Michal (advisor) ; Češková, Marie (referee)
The thesis describes hereditary succession as a kind of ownership acquisition. Firstly, it deals with the overall nature of ownership, distinct ways of its acquisition, as well as explains the term real property. The next part of the work is dedicated to law of succession from both material and procedural points of view. Within the framework of inheritance proceedings, the main attention is devoted to a notary acting as a court commissioner. The matters of inheritance procedures with real property being their subjects and issues connected with the subsequent ownership acquisition of such property are discussed separately. The part of the problem also concerns inheritance tax (succession, death duty). The practical part concentrates on two individual examples from legal practice. The first one illustrates a property assessment, which brings a statement of an estate agency in relation to a regular price of a real estate for purposes of inheritance proceedings. The second example shows significant differences in the ownership structure and following inheritance settlement on succession of a cooperative share in a housing co-operative.
|
guest ::
