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Matrimonial property with an emphasis on its settlement in the context of succession proceedings
Srbová, Monika ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Matrimonial property with an emphasis on its settlement in the context of succession proceedings Abstract The topic of this thesis is Matrimonial property with an emphasis on its settlement in the context of succession proceedings. The aim of the thesis is to provide a comprehensive interpretation of the institution of matrimonial property with a focus on the process and methods of its settlement in the course of succession proceedings. The main motive behind the objective is the distorted and unclear idea of the public about matrimonial property and its settlement. The first part deals with the concept of matrimonial property, its characteristics and briefly introduces the institution of matrimonial property in Europe. The second part describes the historical development of matrimonial property. The description begins in antiquity and proceeds further in time to relatively recent times. It then focuses more specifically on the legal arrangements in our territory. The third part deals with the current matrimonial property law. Beyond the basic and essential information about the creation, regimes and termination of matrimonial property, it also includes a look into the conflict of laws rules of the contractual matrimonial regime and presents specifics of matrimonial property in the context of enforcement...
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The implications of inheritance proceedings on the substitution of parties in civil proceedings
Ladman, Michal ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
1 The implications of inheritance proceedings on the substitution of parties in civil proceedings Abstract This thesis aims to provide a comprehensive overview of the intersection of the statutory regulation of inheritance proceedings and the substitution of parties in civil proceedings, which are inextricably linked. In specific cases, the initial settlement of the succession proceedings is essential for determining the successor in title. The court in civil proceedings must wait until the judicial commissioner has carried out the necessary acts and can pass a final resolution on the estate. For this thesis, the following questions are posed: What is the current legal regulation of substitution of parties when one of the parties loses their qualification to be a party in civil proceedings? How may inheritance proceedings end? What are the implications for the substitution of parties in civil proceedings? Description of the current legislation and an analysis of specific legal institutes or a synthesis of individual provisions used to conclude the impact of the probate proceedings are used the most to achieve the aim of the thesis. The thesis is divided into four interrelated areas. The introduction, which contains the objectives and a summary of the intended content of the thesis, is followed by a more...
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Právní a ekonomické aspekty dědění věci nemovité v obci Bludov
Re, Marie
This bachelor work is concerned with a topic of a real estate from the law and eco-nomic point of view. The first part covers terminology closely connected to inheriting including estate proceeding and a real estate. It also deals with a theoretical base for calculations of income tax and real estate tax. The second part contains bringing the mentioned theory to common life. That means a description of the real estate in Bludov which is about to become a subject of inheriting. Further it is being decided what to do with it next to achieve optimal solution.
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Inheritance procedings with focus on resolution of succession disputes
Benko, Jan ; Smolík, Petr (advisor) ; Frintová, Dita (referee)
INHERITANCE PROCEEDINGS WITH FOCUS ON RESOLUTION OF SUCCESSION DISPUTES Key Words: inheritance proceedings, succession disputes, resolution of succession disputes Although the inheritance proceedings is a regular agenda of just one of all the legal professions in the Czech Republic - notaries - it is recommended to pay attention to it by other members of the legal community at least to the extent so that they have a general overview of it. This knowledge then might be found useful not only in a professional career but also in the private sphere. Attorneys must possess this knowledge considerably wider and deeper, because while representing their clients before a notary as a judicial commissioner may and actually do arise disputes over being an heir of a deceased individual, what an estate of the deceased individual include or not etc. The aim of this thesis is, in particular, to expound to the wider professional public inheritance proceedings, to provide general overview of its regular process and possible difficulties that may appear, to point out potential succession or other related disputes, and to help members of the notary community with their day-to-day business and unified and clear resolution of succession disputes arose in inheritance proceedings. The first part of this thesis is devoted to the...
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Status of creditors of the testator in the estate proceedings
Peřinková, Petra ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The diploma thesis deals with the topic of the status of creditors of the testator in the estate proceedings, which has undergone a major change with the modification of the current Civil Code. Adjustment of inheritance law and, with it, the position of creditors in the estate proceedings during the period of socialism was dismal, so this change was needed. The ability of creditor to protect his debts in the case of the debtor's death has been extended by many new and old-age institutions. Together with that, the responsibility of the heirs for the testator's debts was extended. The diploma thesis deals with the opinions of the professional public, which are often very different or even contradictory. Part of this work is an analysis of these opinions and searching for a suitable starting point. The thesis is divided into six chapters. The first deals with inheritance law as an absolute property right, that is, the law that works erga omnes. It also defines the conceptual difference between inheritance and estate introduced into civil law with the effect of the Civil Code. The second chapter deals with the genesis of the transition of testator's debts to the heirs and the position of creditors in the past. The historical chapter summarizes both substantive and procedural law, without which the...
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The testaments of Soběslav and the papers of probate proceeding 1455-1550: the possibilities their usage
Vandrovcová, Lenka ; Zilynská, Blanka (advisor) ; Pátková, Hana (referee)
Práce se zabývá městem Soběslav, které patřilo pánům z Rožmberka a dochoval se v něm soubor testamentů z let 1455-1550. Soubor se skládá celkem z 83 listinných testamentů. Práce nejprve popisuje testamentární praxi (proces vzniku testamentu) a soubor soběslavských testamentů. Samotný výzkum se zabývá nejprve testátory, kteří byli spřízněni nějakým druhem rodinné vazby. Podrobněji se práce zabývá jednou z těchto rodin, rodinou Račmanů. Druhá část výzkumu se věnuje dluhům a pohledávkám uvedených v testamentech. Tato část se zabývá lokalitami, se kterými vedli testátoři své obchody. Klíčová slova: Soběslav, testamenty, rodinné vztahy, dluhy, pohledávky Annotation Object my diploma's work is Soběslav town, which it belonged to lord of Rozumberk. There was still in existence collection of testaments from years 1455-1550. Collection is comprised of 83 testaments. The work discribes proces sof genesis testaments and collection Soběslav's testaments. First part of study pursue testátore, which they were akin to families. The work detailed discribes of family Račman. Second part of study disciribes by analysis debts and outstandings debt in testaments. This part discribes lokalities, where testátore made their business. Keywords: Soběslav, testaments, family relations, debts, outstanding debts
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