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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the New civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them, compares them with German and Austrian civil codes and when appropriate gives my own opinion on the changes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, basic principles and position in the New civil code, Selected changes in civil law terminology, which are used in the following chapters. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, How to cancel it, Regular forms, Irregular forms, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that is combined with parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic...
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The will of the testator under the new Civil Code
Valešová, Nina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The subject of my diploma thesis is to show in detail and describe the basic institutes of inheritance with regards to the autonomous will of the testator, according to the Civic Code after the recodification in force since 1.1.2014. With regards to significant and extensive changes of the means, with which the testator can manage the treatment of the inheritance mortis causa, I considered this subject relevant and that is why I chose it. I tried to supplant a wholesome view of the possibilities open to testators in case they decide to change the division of their property out of the lawful hereditary succession. The thesis is divided into six chapters that contain the history of inheritance in our country, basic terms, reasons for the creation of the current codex, institutes governing the transition of the estate to the legal successor and the largest part explains the inheritance titles according to the changes brought about by the alteration of the civil law. In the first part of the text, I describe the historical development and basis of inheritance laws in the period since the last decade of the reign of the Habsburg dynasty, until the adoption of the Civic Code in 2012, since it is valuable to have at least some idea about the circumstances leading to the current way of inheritance. The...
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The will of the testator under the new Civil Code
Valešová, Nina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The subject of my diploma thesis is to show in detail and describe the basic institutes of inheritance with regards to the autonomous will of the testator, according to the Civic Code after the recodification in force since 1.1.2014. With regards to significant and extensive changes of the means, with which the testator can manage the treatment of the inheritance mortis causa, I considered this subject relevant and that is why I chose it. I tried to supplant a wholesome view of the possibilities open to testators in case they decide to change the division of their property out of the lawful hereditary succession. The thesis is divided into six chapters that contain the history of inheritance in our country, basic terms, reasons for the creation of the current codex, institutes governing the transition of the estate to the legal successor and the largest part explains the inheritance titles according to the changes brought about by the alteration of the civil law. In the first part of the text, I describe the historical development and basis of inheritance laws in the period since the last decade of the reign of the Habsburg dynasty, until the adoption of the Civic Code in 2012, since it is valuable to have at least some idea about the circumstances leading to the current way of inheritance. The...
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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the New civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them, compares them with German and Austrian civil codes and when appropriate gives my own opinion on the changes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, basic principles and position in the New civil code, Selected changes in civil law terminology, which are used in the following chapters. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, How to cancel it, Regular forms, Irregular forms, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that is combined with parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic...
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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the new civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them and provides a look to German and Austrian civil codes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, selected basic principles and systematic of the New civil code and inheritance law. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, Irregular forms, Regular forms, How to change or cancel it, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that combines parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic protection to the sides, Cancellation and changing contract. Chapter four focuses on Legacy interesting in the...
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Inheritance law institutes
Stachová, Monika ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The subject of this diploma thesis is to analyze the basic inheritance law institutes before and after the recodification of private law in the Czech Republic. Considering the forthcoming effect of the Act No. 89/2012 Coll., the New Civil Code which will replace the current Civil Code No. 40/1964 Coll. and which introduces significant changes into the inheritance law, the main aim of the thesis is to provide a comprehensive picture of selected inheritance law institutes in the light of these specific changes, their assessment and outline of the beneficial and problematic areas. The thesis is composed of five main chapters, each of them dealing with a specific area of inheritance law institutes. The introductory chapter of the thesis defines the concept and legal regulation of the inheritance law in the Czech Republic. I also briefly define the basic principles that are crucial for the inheritance law, whereas I emphasize the principle of will autonomy, which is the main principle for the new inheritance law regulation. The second chapter explains the concept of inheritance law institute and outlines also the new concepts of inheritance law. The main goal of the thesis is particularized in the final part of the chapter. Chapter three examines the basic assumptions of hereditary succession; for the...
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