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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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Legacy of current law of succession
Jelínková, Edita ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 Abstract Legacy of current law of succession This master's dissertation focuses on the traditional legacy of Roman law institute which, through the law no. 89/2012 of the Civil Code, has found its way back to the Czech legal system. The text of the paper is divided into two main parts which are not split equally by what they cover, however, the aim of the dissertation determined such division. The first part the dissertation outlines the historical foundations for the nowadays' form of the legacy. In short, the shape of the Roman law is covered in the introduction as an essential ground for further law adjustments. A comparison of two, from these days' perspective most important sources of law modification - the legacy's modification of the ABGB, and the modification of unimplemented government proposal of civil code of 1937 - follow. The comparison is replenished by an overview of the diminishing legacy's modification of civil code of 1950, and of the final legacy's refusal in civil code of 1964. The second part of the dissertation covers the in-force legal form of the Civil Code. The current form of the legacy is elaborated, following the taxonomy of the law. There is an emphasis put- alongside on the general description of the set issue - upon the dealing with chosen conflict situations which arise...
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Transfer of inheritance to heirs
Chvalová, Teodora ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
TRANSFER OF INHERITANCE TO HEIRS Abstract The aim of the rigorosum thesis is to clarify the issue of transfer of inheritance to heirs. Particular chapters of the thesis are defined at the beginning. Main attention is given to the current regulation of transfer of inheritance to heirs set in § 1670 - § 1713 of the current Czech Civil Code. First of all, the inheritance and the decendent's estate are characterised for a better understanding of the chosen topic. Particular key terms related to the issue of transfer of inheritance to heirs are explained then. The administration of inheritance, the administrator of inheritance, his rights and duties, subject of administration of inheritance, free disposal of property, differences between simple and full administration of inheritance are mentioned. The inventory of inheritance, its aim, order, reimbursement of expenses, substitution, and incomplete inventory of inheritance and the issue of status of creditors is discussed as well. The closure of inheritance and the way of distribution of inheritance based on last will of decedent, determination of third person, agreement between heirs, decision of court, related settlement of heirs and allocation of claims and debts is analysed later. The issue of debts related to the transfer of inheritance to heirs is solved in...
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Legacy
Zachara, Radim ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
Legacy Abstract This thesis examines the issues concerning a bequest, as a concept in inheritance law according to Czech legislation contained in Act No. 89/2012 Sb., the Civil Code. The reintroduction of the bequest to Czech inheritance law occurred after more than 50 years, so this concept is relatively unknown to the general public. A bequest that is governed by the principle of singular succession is a departure from the fundamental principle of inheritance law in the Czech Republic, namely universal succession. The restoration of this traditional concept of inheritance law brings many issues, both in theory and application, to which this thesis endeavours to find answers and point to weaknesses in the legal regulation. In this thesis, the historical interpretation in the parts dealing with the legal regulation contained in the legal regulations preceding the current Civil Code was used in particular, starting with the Roman-law legislation, through the medieval inheritance law to the general Civil Code, the government's draft of the Civil Code of 1937 and of the Civil Codes after the February 1948 Revolution. Due to the continuity of the current legal regulation from the General Civil Code and the Roman-law legislation, the thesis incorporates a comparative method where appropriate. In the de lege lata...
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Transfer of inheritance to heirs
Chvalová, Teodora ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
TRANSFER OF INHERITANCE TO HEIRS Abstract The aim of the rigorosum thesis is to clarify the issue of transfer of inheritance to heirs. Particular chapters of the thesis are defined at the beginning. Main attention is given to the current regulation of transfer of inheritance to heirs set in § 1670 - § 1713 of the current Czech Civil Code. First of all, the inheritance and the decendent's estate are characterised for a better understanding of the chosen topic. Particular key terms related to the issue of transfer of inheritance to heirs are explained then. The administration of inheritance, the administrator of inheritance, his rights and duties, subject of administration of inheritance, free disposal of property, differences between simple and full administration of inheritance are mentioned. The inventory of inheritance, its aim, order, reimbursement of expenses, substitution, and incomplete inventory of inheritance and the issue of status of creditors is discussed as well. The closure of inheritance and the way of distribution of inheritance based on last will of decedent, determination of third person, agreement between heirs, decision of court, related settlement of heirs and allocation of claims and debts is analysed later. The issue of debts related to the transfer of inheritance to heirs is solved in...
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Legacy of current law of succession
Jelínková, Edita ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 Abstract Legacy of current law of succession This master's dissertation focuses on the traditional legacy of Roman law institute which, through the law no. 89/2012 of the Civil Code, has found its way back to the Czech legal system. The text of the paper is divided into two main parts which are not split equally by what they cover, however, the aim of the dissertation determined such division. The first part the dissertation outlines the historical foundations for the nowadays' form of the legacy. In short, the shape of the Roman law is covered in the introduction as an essential ground for further law adjustments. A comparison of two, from these days' perspective most important sources of law modification - the legacy's modification of the ABGB, and the modification of unimplemented government proposal of civil code of 1937 - follow. The comparison is replenished by an overview of the diminishing legacy's modification of civil code of 1950, and of the final legacy's refusal in civil code of 1964. The second part of the dissertation covers the in-force legal form of the Civil Code. The current form of the legacy is elaborated, following the taxonomy of the law. There is an emphasis put- alongside on the general description of the set issue - upon the dealing with chosen conflict situations which arise...
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Titles to inheritance
Jestříbková, Petra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This diploma thesis is focused on titles to inheritance. The aim of the thesis is to capture their course in the Czech Republic. This thesis is systematically divided into seven chapters. The first one is the introduction, in which the author justifies chosen topic. The second chapter is focused on development of inheritance law. Following chapters are focused on titles to inheritance. Each chapter is divided into several parts. These parts are lined up chronologically. Titles to inheritance are lined up in order to their legal force in recent legislation. At first the author is focused on inheritance contract in the third charter. Before ObčZ 2012, inheritance contract was in legal force at least more than 60 years ago and it returns by ObčZ 2012 to our legal system. The fourth chapter is focused on testament. At its first part there is a brief view into ABGB. In the following part narrowing of legislation under the influence of so called Legal Biennial is visible. The chapter ends with a view into the ObčZ 2012, which is strikingly similar to provisions of ABGB. The fifth chapter deals with intestacy. It is visible that the provisions in ObčZ 2012 are similar ABGB. In the sixth chapter there is conclusion in which the author presents her opinions on the whole topic. The seventh chapter includes...
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Comparison of the general civil code and civil law in Slovakia between 1918 and 1938 (matrimonial law, law of inheritance, property rights and law of obligations)
Čegan, Petr ; Kindl, Vladimír (advisor) ; Kuklík, Jan (referee)
The main goal of this thesis is a comparison between the private law in Slovakia and General civil code in the field of matrimonial law, law of inheritance, property rights and law of obligations in the period 1918 - 1938. Thesis concentrates not only on General civil code, but also on basics of private law in Slovakia. Thesis also analyzes historical evolution of unification of private law in Czechoslovakia. There is a definition of all compared laws in this thesis. Firstly General civil code is approached. Secondly differences with private law in Slovakia are defined. Thesis also describes the issue of confrontation between General civil code and private law in Slovakia. Finally this work concentrates on the comparison between General civil code in Czechoslovakia and Civil code from 2012.
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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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The Development of Czech Law of Inheritance in Respect of the Autonomy of Testator's Will
Novák, David ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
S u m m a r y The goal of this thesis is to analyse the autonomy of the testator's will in the development of the Czech law of inheritance. The text is divided into nine chapters including introduction and conclusion. In the introduction there is defined the subject of the paper. In the first chapter readers may find the definition of the law of inheritance from different points of view and in different meanings. The basic legal principles of the law of inheritance are enumerated and described in respect of the topic. Then there is a brief recapitulation of the sources of the law of inheritance in the area of the present Czech Republic from 1811 until present in the last section of this chapter. All possible ways, how the testator can express his will, are generally described in the second chapter. There are mentioned legal tools of the testator's will for example testament, legacy, contract of inheritance, donation by cause of death, disinheritance, succession, conditions, directions etc. The principles and base of the above mentioned tools are given, as well, but mostly in the next chapters, where is described legal regulation of particular legal institutions in historical context. The following five chapters provide complete information about how every institute of the law of inheritance worked important...
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