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Testament - a comparison of Czech and German legal regulation
Svejkovská, Teodora ; Dvořák, Jan (advisor) ; Elischer, David (referee)
v anglickém jazyce The aim of the thesis is to compare legal regulations of testament in the Czech and German legislation. A maiori ad minus methodical procedure is used in the thesis. After general characteristics of testament, the work is focused on the regulation of testament in Roman law, which significantly influenced the current legislation in the Czech and German law. Furthermore, the attention is paid to the regulation of testament on the Czech territory during 20th century, especially to the Czech Civil Code 40/1964. Subsequently, the thesis characterizes the current legal regulation of testament in the Czech Civil Code 89/2012 in detail. This analysis is mainly based on legislation, expert commentaries and literature, judgment and internet resources. After processing the Czech regulation of testament, the thesis changes its area of interest to the regulation of the German legislation of testament. At this chapter similar methodological procedure and legal resources were used. The comparison of testament in the Czech and German legal system showed following conclusion: although the legal regulation of testament is very similar, especially due to the historical roots of Czech and German law, several significant differences have been revealed, e. g. the concept of capacity to dispose, the...
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Testament Succession
Burešová, Veronika ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The thesis debates one of the modes of succession, namely testamentary succession. A testament is, in accordance with Law No. 89/2012 of the Civil Code, one of the dispositions mortis causa. Inheritance contract and testamentary clause on legacy, along with testament, belong among dispositions mortis causa according to the law cited. The deceased exercises his or her will through such. The target of this work is to describe the current form of testamentary succession in its effective rule, focusing on facultative elements of a testament. The work is divided into six chapters. The opening chapter contains a discussion on succession rights, first in general and then the requirements of the creation of succession rights follow, as well as the other inheritance titles in their effective rule. The second chapter defines a brief excursion into the Roman law. In the subchapters, individual testament forms in the Roman law, testamentary competence, succession against testament, revocation and nullity of testament are included. The third chapter deals with testamentary succession itself; it is divided into eight subchapters. The first subchapter defines the term of testament. The following two subchapters deal with legal competence and the effects of error. The testament form is defined in the fourth subchapter. In...
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Testament Succession
Burešová, Veronika ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The thesis debates one of the modes of succession, namely testamentary succession. A testament is, in accordance with Law No. 89/2012 of the Civil Code, one of the dispositions mortis causa. Inheritance contract and testamentary clause on legacy, along with testament, belong among dispositions mortis causa according to the law cited. The deceased exercises his or her will through such. The target of this work is to describe the current form of testamentary succession in its effective rule, focusing on facultative elements of a testament. The work is divided into six chapters. The opening chapter contains a discussion on succession rights, first in general and then the requirements of the creation of succession rights follow, as well as the other inheritance titles in their effective rule. The second chapter defines a brief excursion into the Roman law. In the subchapters, individual testament forms in the Roman law, testamentary competence, succession against testament, revocation and nullity of testament are included. The third chapter deals with testamentary succession itself; it is divided into eight subchapters. The first subchapter defines the term of testament. The following two subchapters deal with legal competence and the effects of error. The testament form is defined in the fourth subchapter. In...
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Prerequisites for acquisition of inheritance
Bendová, Daniela ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Title: Prerequisites for Acquisition of Inheritance Keywords: deceased, inheritance, heir Type of paper: Thesis Author: Mgr. Daniela Bendová Supervisor: prof. JUDr. Jan Dvořák, CSc. Faculty of Law of Charles University Department of Civil Law The thesis addresses rudimentary prerequisites for acquisition of inheritance in the Czech Republic. These prerequisites include death of a person, that is necessary for application of inheritance rights, existence of inheritance, in particular ownership rights transferred to heir, legal grounds for inheritance (title of inheritance) and existence of eligible heir (natural or legal persons), that did not decline an inheritance. A chapter is dedicated to each of the prerequisites (chapters from II. to IV.) and is structured to articles closer examining the topic. All chapters also include comparison of current legislation as stipulated in the Civil Code no. 89/2012 Coll. as well as in the law on special judicial proceedings no. 292/2013 Coll. with former legislation effective in the country, i.e. the Common Civil Code from 1811, so called the Middle Civil Code from 1950 and the Civil Code effective since 1st April 1964. Some inheritance right institutions are also compared with an Italian legislation as stipulated in the Italian civil code Il Codice Civile (for...
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Testament - a comparison of Czech and German legal regulation
Svejkovská, Teodora ; Dvořák, Jan (advisor) ; Elischer, David (referee)
v anglickém jazyce The aim of the thesis is to compare legal regulations of testament in the Czech and German legislation. A maiori ad minus methodical procedure is used in the thesis. After general characteristics of testament, the work is focused on the regulation of testament in Roman law, which significantly influenced the current legislation in the Czech and German law. Furthermore, the attention is paid to the regulation of testament on the Czech territory during 20th century, especially to the Czech Civil Code 40/1964. Subsequently, the thesis characterizes the current legal regulation of testament in the Czech Civil Code 89/2012 in detail. This analysis is mainly based on legislation, expert commentaries and literature, judgment and internet resources. After processing the Czech regulation of testament, the thesis changes its area of interest to the regulation of the German legislation of testament. At this chapter similar methodological procedure and legal resources were used. The comparison of testament in the Czech and German legal system showed following conclusion: although the legal regulation of testament is very similar, especially due to the historical roots of Czech and German law, several significant differences have been revealed, e. g. the concept of capacity to dispose, the...
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Inheritance procedure
Fišerová, Tereza ; Frinta, Ondřej (advisor) ; Pohl, Tomáš (referee)
I have chosen the subject of Inheritance procedure in order to get more familiar with this area of law. With the help of effective legal regulations this thesis was aimed to make a thorough analysis of the inheritance procedure and to find a better solution to some of the problematic aspects of the current legislation. In the introduction I briefly deal with some of the historic events. At the same time, I mention changes which will be introduced by the new civil code. Then, the inheritance procedure is generally charecterised and I deal with the authority and competence of the courts, with the subjects of the inheritance procedure and with its delivery. The next part looks into the process specifically. It includes the following chapters: Initiation, Further progress, Inheritance administrator and the preliminary measures, Preparation of materials for the proceedings, Proceedings, Settlement of the common property of spouses, Inventory of assets and liabilities, Final resolution on the heritage, Overindebted heritage and Corrective tools. The chapters which follow deal with the dependencies among the inheritance, enforcement and insolvency proceedings. In the final chapter I summarize my suggestions which I concluded during the process of writing this thesis, as well as present my own attitude to...
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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.
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