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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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Protection of a forced heir and his disinheritance
Pospíšilová, Gabriela ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
1 Protection of a forced heir and his disinheritance - Abstract The protection of a forced heir is the protection of a descendant who is entitled to have the testator leave him at least a forced share of his estate. It is a traditional institute of inheritance law, which is a manifestation of the principle of familiarization and intergenerational solidarity by ensuring that the testator cannot completely neglect his descendant from his acquisition without a legal reason. The corrective, ensuring the autonomy of the testator's expression of will, is the existence of an institute of disinheritance, which the testator can use if his descendant is not worthy of the inheritance for a reason defined by law. The two institutes coexist and should be interpreted in conjunction with each other. The thesis aimed to describe the institutes, especially according to the substantive law, with the addition of the necessary context of procedural law. The aim of the thesis was also to draw attention to problematic aspects and to analyze controversial issues and vague legal concepts. The first chapter is focused on defining the basic concepts of inheritance law, which are defined from general to specific. To understand the current legislation, much attention is paid to historical developments. The second chapter, therefore,...
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Analysis of the adoption of selected principles of the Roman inheritance law in Central Europe
Macek, Dominik ; Šejdl, Jan (advisor) ; Falada, David (referee)
Analysis of the adoption of selected principles of the Roman inheritance law in Central Europe Abstract The diploma thesis deals with the analysis of selected principles of Roman inheritance law and their reception in the legal systems of Central Europe, specifically in the Austrian General Civil Code of 1811 and the Czech Civil Code of 2012. It does so through the study of ancient legal sources, modern Roman law literature, modern laws and relevant commentary literature. To compare the application of Roman law principles in modern law, the principle of compulsory share and the principle of nemo pro parte testatus, pro parte intestatus decedere potest were chosen. Since the reasons of delatio hereditatis and the principles belonging to them represent one of the pillars of the theoretical structure of inheritance law, it is appropriate to stress their Roman law roots. The reason for this examination is also the fact that in many modern codifications of civil law, Roman law is highlighted as an ideal model, and it is therefore necessary to examine whether modern legislation is really influenced by Roman law and whether it is not just a pleasing proclamation by the legislator. The diploma thesis deals with the development of the mentioned principles in the Roman history and also with exceptions from these...
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Disinheritance and Forced Heir Protection
Blahová, Eliška ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Disinheritance and Forced Heir Protection - abstract Disinheritance is a significant instrument in inheritance law, protecting the testator's autonomy to dispose of their own property. It allows the testator to deprive their descendants of the right to a forced share in the estate, breaking the centuries-old tradition of intergeneration solidarity. The antithesis to disinheritance is the protection of a testator's descendant, i.e. the forced heir, who, under common circumstances, has the right to be provided for by the testator in their mortis causa actions. However, the legislation concerning these matters is often unclear, inconsistent, and imprecise. The aim of this thesis is to point out these problems and explain them to the reader, offer a comprehensive view on the historical development of both disinheritance and forced heir protection, and describe the current substantive and procedural provisions. The first chapter which defines the basic terminology is followed by a chapter on the historical development of disinheritance and forced heir protection in ancient Rome, the Middle Ages but especially in the Austrian Civil Code (ABGB) and the Czechoslovak Civil Codes of 1950 and 1964. The succeeding chapters are focused on the general rules of disinheritance and forced heir protection, primarily the...
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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
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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