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Evolution of inheritance title deeds
Váňa, Dalibor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
- Evolution of inheritance titles My thesis contains the description and analysis of inheritance titles through the history - from Roman law to legal situation de lege ferenda. The institution of inheritance is an indispensable part of the system of law. The inheritance contributes to keeping property values of a deceased person for his successors, usually for further generations. The inheritance law contributes also to the certainty and continuity in legal relations between entities of civil law relations. The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The thesis pays the greatest deal of attention to the regulation de lege lata and regulation de lege ferenda and their comparation. Description of the provisions of the civil code is accompanied by important judgments of the courts. Historical excursion starts in the Roman law which is commonly accepted as the basis of the current legal regulations and follows by the brief review of the middle-ages law. The thesis then deals with the Allgemeines bürgerliches Gesetzbuch (ABGB) adopted in 1811. This civil code became the first modern regulation in the Czech territory. ABGB was valid until the beginning of the twentieth century's 50s, after the communist revolution, when new "socialistic" regulation took...
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Principles of the law of inheritance ind the Czech lands before its codification in 1811
Klucová, Monika ; Kindl, Vladimír (advisor) ; Soukup, Ladislav (referee)
This diploma thesis [in the master's course], drawn up at the Faculty of Law of Charles University in Prague, deals with the principles of the law of inheritance in Bohemia prior to its codification in 1811. Although inheritance law is one of the oldest branches of law, and was very thoroughly developed in ancient Roman law, in our territory it actually started to develop some more only after the Hussite movement. That is due to the fact that in the Middle Ages, the prevailing concepts were the ruler's right to bona vacantia and family indivisible ownership ["rodinný nedíl" in Czech], both of which did not really make it possible to pass estate from the deceased to their heirs. Therefore the aim of the thesis is to examine and gain a deeper insight into the historical development and historical contexts of the law of inheritance in our territory, which had preceded its modern form that was first codified in Allgemeines bürgerliches Gesetzbuch [the General Civil Code], which accepted the structure of the Inheritance Patent of Joseph II in 1811. Part One of the thesis, Introduction, briefly discusses the law of inheritance as a specific element of legal science, the principles of inheritance law, and inheritance conditions and titles. Part Two, Excursion into History - Inheritance in Roman Law,...
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Inheritance titles
Wagenknechtová, Pavla ; Frintová, Dita (advisor) ; Dvořák, Jan (referee)
AAbbssttrraakktt vv aanngglliicckkéémm jjaazzyyccee The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The purpose of my thesis is to describe and analyse current substantive legislation of inheritance titles in the Czech legal system, describe historical context and compare it with a proposal of future legislation. The whole thesis is composed of three parts: an Introduction, five Chapters and a Conclusion. Chapter One outlines the historical development of the issue. The following Chapters Two, Three and Four examine the relevant current Czech legislation of inheritance titles. Chapter Two analyzes general conditions of inheritance law, Chapters Three and Four focuse on explanation of the intestate and testate succession. Finally, the last Chapter Five describes the proposal of future legislation. This thesis is based on the legal situation of 1. November 2010.
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Evolution of inheritance title deeds
Váňa, Dalibor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
- Evolution of inheritance titles My thesis contains the description and analysis of inheritance titles through the history - from Roman law to legal situation de lege ferenda. The institution of inheritance is an indispensable part of the system of law. The inheritance contributes to keeping property values of a deceased person for his successors, usually for further generations. The inheritance law contributes also to the certainty and continuity in legal relations between entities of civil law relations. The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The thesis pays the greatest deal of attention to the regulation de lege lata and regulation de lege ferenda and their comparation. Description of the provisions of the civil code is accompanied by important judgments of the courts. Historical excursion starts in the Roman law which is commonly accepted as the basis of the current legal regulations and follows by the brief review of the middle-ages law. The thesis then deals with the Allgemeines bürgerliches Gesetzbuch (ABGB) adopted in 1811. This civil code became the first modern regulation in the Czech territory. ABGB was valid until the beginning of the twentieth century's 50s, after the communist revolution, when new "socialistic" regulation took...
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