|
|
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...
|
|
|
The legal institution of settlement
Schützová, Petra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The legal institution of settlement of property Summary The purpose of my thesis is to analyse the legal institution of settlement of property, an institution which constitutes an important part of legal order, and to point out the problems, difficulties and questions frequently arising out of practice, out of regular encounters with different branches of law, where we can find the institute of settlement. The reason for my research is to characterise several types of settlements of property, make a brief description of each of them, to point out their distinctive features and to examine the interplay of legal institution as described in law with it's real, day to day application influenced by day to day life. The thesis is composed of four chapters, each of them dealing with different aspects of legal institution of settlement of property. Chapter One is introductory and defines basic principles of settlement of property, it's history, the changes and the evolution of this institute. Chapter Two is subdivided into five parts, each of them dealing with one type of settlement of property, including settlement of residential property, and introducing their basic principles and rules. Chapter Three, consisting of five parts, examines the types of settlement of property more profoundly, dealing with relevant...
|
|
|
Community property of spouses and its settlement
Muzikář, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis is primarily based on analysis of practice of the courts and papers, which afford the deeper insight into the relatively short legislation. Certainly could be adopted more particular legislation of the settlement of community property of spouses, decisions on such matters but may not look like as a "juristic machine", which is limited by the particular provisions of law. A key role is played by the legal conclusion of an experienced lawyer who, after analysis of the situation, adjudge in the spirit of the flexible provisions of the law. During the work on this thesis, I therefore had to deal with the different views on the problem and with the obsolete ideas. The work responds to a relatively large number of interpretative differences with the declaration of my own opinion on the problem supported by the relevant arguments. Today we face a very anxious fact that the number of marriages since 1989 is sharply decreasing. This issue is further analyzed in the first chapter where I pointed to some stimuli, which could weaken this trend. It could be very beneficial to realize a sociological research on the factors that cause this adverse trend. In the future it will be interesting to see how these numbers will be affected by the new legislation (i. e. law No. 89/2012 Coll., Civil Code). I...
|
|
|
Law regulating property of spouses
Němečková, Adéla ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The topic of my diploma thesis is "Law regulating property of spouses". The diploma thesis concerning marital property law is focused mainly on community property. This institute comes into power as a result of entering into a marriage. The aim of the diploma thesis is to describe ways how to secure separate property of spouses in a marriage. The thesis consists of seven chapters, the first chapter is an introduction to this topic and the seventh chapter is a conclusion. The second chapter of my thesis is devoted mainly to the historical development of the community property since 1811 to the current legislation often called as the "new" Civil Code (no. 89/2012). The diploma thesis describes in its third chapter which property consists of community property and which property is excluded from community property. The fourth chapter is focused on a division of community property in case of dissolution of a marriage. Community property can be divided equally between spouses (a husband and a wife) or differently. Spouses can agree on the division of property or it could be decided by court ruling. If either of the spouses does not ask for court decision, the division of community property is achieved by legal presumption (the rules set in the Civil Code for the division of property used after certain...
|
|
|
Law regulating property of spouses
Němečková, Adéla ; Hendrychová, Michaela (referee) ; Thöndel, Alexandr (referee)
The topic of my diploma thesis is "Law regulating property of spouses". The diploma thesis concerning marital property law is focused mainly on community property. This institute comes into power as a result of entering into a marriage. The aim of the diploma thesis is to describe ways how to secure separate property of spouses in a marriage. The thesis consists of seven chapters, the first chapter is an introduction to this topic and the seventh chapter is a conclusion. The second chapter of my thesis is devoted mainly to the historical development of the community property since 1811 to the current legislation often called as the "new" Civil Code (no. 89/2012) and the comparison of Czech and Austrian legislation. The diploma thesis describes in its third chapter which property consists of community property and which property is excluded from community property. The fourth chapter is focused on a division of community property in case of dissolution of a marriage. Community property can be divided equally between spouses (a husband and a wife) or differently. Spouses can agree on the division of property or it could be decided by court ruling. If either of the spouses does not ask for court decision, the division of community property is achieved by legal presumption (the rules set in the Civil...
|
|
|
Law regulating property of spouses
Němečková, Adéla ; Hendrychová, Michaela (referee) ; Thöndel, Alexandr (referee)
The topic of my diploma thesis is "Law regulating property of spouses". The diploma thesis concerning marital property law is focused mainly on community property. This institute comes into power as a result of entering into a marriage. The aim of the diploma thesis is to describe ways how to secure separate property of spouses in a marriage. The thesis consists of seven chapters, the first chapter is an introduction to this topic and the seventh chapter is a conclusion. The second chapter of my thesis is devoted mainly to the historical development of the community property since 1811 to the current legislation often called as the "new" Civil Code (no. 89/2012) and the comparison of Czech and Austrian legislation. The diploma thesis describes in its third chapter which property consists of community property and which property is excluded from community property. The fourth chapter is focused on a division of community property in case of dissolution of a marriage. Community property can be divided equally between spouses (a husband and a wife) or differently. Spouses can agree on the division of property or it could be decided by court ruling. If either of the spouses does not ask for court decision, the division of community property is achieved by legal presumption (the rules set in the Civil...
|
|
|
Law regulating property of spouses
Němečková, Adéla ; Hendrychová, Michaela (referee) ; Thöndel, Alexandr (referee)
The topic of my diploma thesis is "Law regulating property of spouses". The diploma thesis concerning marital property law is focused mainly on community property. This institute comes into power as a result of entering into a marriage. The aim of the diploma thesis is to describe ways how to secure separate property of spouses in a marriage. The thesis consists of seven chapters, the first chapter is an introduction to this topic and the seventh chapter is a conclusion. The second chapter of my thesis is devoted mainly to the historical development of the community property since 1811 to the current legislation often called as the "new" Civil Code (no. 89/2012). The diploma thesis describes in its third chapter which property consists of community property and which property is excluded from community property. The fourth chapter is focused on a division of community property in case of dissolution of a marriage. Community property can be divided equally between spouses (a husband and a wife) or differently. Spouses can agree on the division of property or it could be decided by court ruling. If either of the spouses does not ask for court decision, the division of community property is achieved by legal presumption (the rules set in the Civil Code for the division of property used after certain...
|
|
|
Law regulating property of spouses
Kühnová, Nela ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The topic of this Master thesis is Matrimonial property law, that is encoded within the Act no. 89/2012 Sb., Civil Code. The aim of this thesis is to analyze and describe current matrimonial property law regime, mainly the community property regime. The focus is on defining the legal framework of the community property regime and its modification options, such as community property contract or court decision. It also provides a look at the possibilities of protection and defense of the so called debt- free spouse. The text of the thesis is divided into seven chapters, introduction and conclusion. The first chapter provides a definition of some basic terms, such as the matrimonial property law and community property regime. The second chapter focuses on the legal provisions of the community property regime, meaning the general regime. It describes the scope of the community property regime, the assets and liabilities within and out of the scope of the community property. It also introduces the asset management within the community property legal framework. The aim of the third chapter is the contractual community property, as set out by the legal provisions. The law allows for three, alternatively four types of contractual regimes, such as separate property, regime that reserves the moment of...
|
|
|
Decedent's estate proceedings
Římanová, Ludmila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with the inheritance procedure with a focus on the settlement of the common property of the spouses. The first chapter of the thesis is an introduction. The second chapter is called The inheritance procedure and deals in general with the course of the inheritance procedure. This chapter introduces the legislation that forms the basis for the inheritance procedure and the settlement of common property of the spouses. The work briefly describes the purpose of the inheritance procedure. An attention is also paid to jurisdiction, participation and tutelage. In the subchapter proceeding of inheritance, the thesis deals with ways to clarify the estate of the testator and to determine the inheritance rights. It is also about drafting a preliminary investigation report and ceasing the proceedings. At the end of the second chapter there is included a part dealing with cases of additional inheritance procedure proceedings. The core of this thesis is the third chapter entitled Selected issues of settlement of common property of spouses in proceedings of inheritance. The first subchapter summarizes the process of finding a marital property regime. The thesis also deals with the detailed analysis of the provisions of § 162 and § 163 of Act No. 262/2013 Coll., On special judicial proceedings....
|
|
|
Community property in insolvency proceedings
Jasinský, Richard ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this thesis is to assess the impact of insolvency proceedings on the community property of spouses. The thesis is composed of six chapters. The first chapter describes general legal legislations of community property in the Civil Code. In the second chapter are defined relevant concepts of law in the insolvency proceedings related to the thesis topic as a list of assets, assets, incidental disputes, insolvency assets recourse. Fundamental part of the thesis deals with impact of the methods of solving the debtor' s insolvency on the community property and method of community property settlement in particular insolvency regimes - liquidation, discharge from bankruptcy by instalments, discharge from bankruptcy by selling the assets and reorganization. The last, the sixth chapter describes competition of the list of assets when both spouses are in the insolvency that is found in individual insolvency proceedings
|
guest ::
