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Intestate succession in the comparative prospective
Vaňasová, Markéta ; Macková, Alena (advisor) ; Thöndel, Alexandr (referee)
Mgr. Markéta Vaňasová Topic of the rigorous thesis: Intestate succesion in the comparative prospective ABSTRACT The main aim of this rigorous thesis named "Intestate succession in comparative prospective" is in particular comparison between current Czech legislation regarding the succession law with the legislation in the area of succession law of few other countries - namely with Spain, Catalonia and Mexico. This thesis does not deal only with the substantive law in the area of succession, but also with the procedural legislation of succesion law, including succession with an international element. My ambition, while writing this rigorous thesis, was to create a systematic overview of intestate succesion in the Czech Republic, by using the valid legislation, experts' literature (mainly foreign) and the case law; pointing out the practical problems of valid legislation and its comparison to the legislation in the area of succession law in the above mentioned countries.
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The statutory portion in the Civil Code
Kounovská, Iva ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
THE STATUTORY PORTION IN THE CIVIL CODE ABSTRACT This thesis deals with the Statutory Portion as a legal tenet of inheritance law, which falls within the scope of the Civil Code. The right to a statutory portion of an estate accrues only to a statutory heir; the statutory heir is always a direct descendant of the testator or, if no direct descendant is surviving, his or her descendants. The statutory portion is defined as that part of the inheritance which must be left free of encumbrance to the statutory heir or heirs. As well as the statutory portion, this thesis also deals with the status of the statutory heir, because it is the statutory heir who is primarily affected by the legal rules for the statutory portion. This is a person who may not be overlooked during the inheritance process; the testator is obliged leave him or her at least his legal share, the so-called statutory portion. In my thesis I also deal with the theoretical characteristics and definitions of basic concepts such as inheritance law, estate, inheritance and inheritance titles (hereditary contract, will and the legal sequence of inheritance). Accounting for the statutory portion and accounting for the bequeathed portion are described in the next chapter of this thesis, as two procedures with similar characteristics but with...
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Protection of a forced heir and his disinheritance
Vladyková, Ivana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of a forced heir and his disinheritance The protection of the forced heir has always been perceived as a clash of the will of the descendant and the principle of family cohesion. The objective of my thesis is to describe legal regulation of the forced heir and institutes related to this issue, i.e. their protection and disinheritance not only from the point of view of the current legal regulation according to the Civil Code No. 89/2012 Coll., but also from the point of view of their historical development. The diploma thesis is structured into four main chapters which are divided into subchapters. The purpose of the first chapter is to familiarize readers with the issue of inheritance law by defining its basic terms, revealing historical development from the time of Roman law through the ABGB General Civil Code to the modern legislation from 1950 and 1964 and taking account of their impact on the current legal system. The second chapter deals with the definition of the term of a forced heir, the determination of the size of the right to a forced share based on the age of the descendant, its determination with the possibility of inclusion and the principle for its payment. Furthermore, there are discussed the ways of protecting the rights of the forced heir. The third chapter deals with...
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Protection of a forced heir and his disinheritance
Vacenovská, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of a forced heir and his disinheritance Forced heir is a close relative of testator, who is provided by law with the privilege to be involved in estate in the extent to which the law determines even against the will of the testator. The testator is allowed to exclude this right of forced heir only by dishereditance. The purpose of this thesis is to comprehensively describe issues of forced heir, their protection and dishereditance. In my thesis I highlight the changes arisen due to the new Civil Code but I also deal with the features of these institutes which were not affected by new concept and previous jurisprudence of higher courts can be used. The thesis is composed of five chapters. In the first chapter I shortly define the term forced heir and dishereditance. Because the regulation of forced heir and dishereditance is very traditional in European law, in the second chapter I provide the historical background and development of these institutes. I describe rights of close relatives of testator in ancient Rome, the Middle Ages, and also in Civil Codes which come into existence in last century, but I focus mostly on Common Civil Code of 1811. Current Czech legal regulation of forced heir and dishereditance is divided into third and fourth chapter because of clear arrangement. In the...
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Protection of a forced heir and his disinheritance
Koritarová, Jitka ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of forced heir and disinheritance The purpose of this thesis is to describe the current legislation concerning protection of forced heir and disinheritance and to highlight the recent and most important changes. The protection of forced heir shows intergenerational solidarity in law of succession opposed to another basic principle of law of succession - decedents autonomy of will. The institute of forced heir grants right to inherit a forced share to descendent's children in case the descendent forgets to include them in his disposition mortis causa. Disinheritance is the only legal option to break the protection of forced heir. The descendent might, only in compliance with the conditions set by the civil code, deprive the forced heir of his right to inherit the forced share completely or partially. The thesis is composed of five chapters. Chapter One introduces the basic terms, such as protection of forced heir, disinheritance and the institute of incapacity to inherit as one of the reasons for disinheritance. Chapter Two is subdivided into five parts and provides the historical background and development of the institutes of forced heir and disinheritance. Each part concentrates on different period, starting at legislation in ancient Rome and Common Civil Code through Czech Civil Code...
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Legal Position of the forced Heir
Stiborová, Barbora ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The subject of my theses is a special category of heirs so-called forced heirs. This theme describes their substantive position and guaranteed increased protection determined by law which is especially defined by right to share on inheritance to an extent determined by law. Will of testator is hereby limited by right of forced heir in forced share. Irrespective of most European regulations only offspring of testator are counted to the circle of forced heirs in the Czech Republic whereby the difference is between minors who are entitled to at least three quarters of share and majors who are entitled to minimum of one quarter determined by legal inheritance share. This thesis is systematically divided into seven chapters. After general historical background and general terms of inheritance law explained in the second chapter, next chapter is continued by the definition of several institutes which are mutually interlinked and also closely related to the person of forced heir. Fourth chapter is dedicated to right of forced share in which I am focusing on its calculation, offsetting and final payment. I completely describe, by means of legal jurisdiction, disinheritance and incapacity to inherit in the two following chapters. Last chapter includes two institutes which, under influence of NCC (New civil...
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Intestate succession in the comparative prospective
Vaňasová, Markéta ; Macková, Alena (advisor) ; Thöndel, Alexandr (referee)
Mgr. Markéta Vaňasová Topic of the rigorous thesis: Intestate succesion in the comparative prospective ABSTRACT The main aim of this rigorous thesis named "Intestate succession in comparative prospective" is in particular comparison between current Czech legislation regarding the succession law with the legislation in the area of succession law of few other countries - namely with Spain, Catalonia and Mexico. This thesis does not deal only with the substantive law in the area of succession, but also with the procedural legislation of succesion law, including succession with an international element. My ambition, while writing this rigorous thesis, was to create a systematic overview of intestate succesion in the Czech Republic, by using the valid legislation, experts' literature (mainly foreign) and the case law; pointing out the practical problems of valid legislation and its comparison to the legislation in the area of succession law in the above mentioned countries.
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Inheritance Law in Theory and Practice
Pospíšilová, Nikola ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The subject of the Bachelor thesis "Inheritance Law in Theory and Practice" deals with the law of succession applicable in the Czech Republic. In the theoretical part I pay attention to the principles of inheritance law, after that I describe preconditions of inheritance law and then I deal with fundamental provisions of the new Civil Code. I put the emphasis on provisions that previous legislation did not include or addressed them diferently. In the practical part I concentrate on the calculation of obligatory parts in inheritance by the law when the statutory heir is excluded in the will.
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