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Testament
Havlíková, Julie ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Testament The diploma thesis explores a significant aspect of inheritance law testaments as a means of posthumous property disposition. The primary objective is to comprehensively describe and analyse the existing legal framework governing testaments, as stipulated in Act No. 89/2012 Coll., the Civil Code. In contrast to preceding regulations, this current legislation provides a broad spectrum of options empowering the testator to shape the destiny of their estate after death. The examination of testaments and associated legal constructs extends beyond a mere scrutiny of statutory provisions. The study incorporates a jurisprudential perspective, encompassing both contemporary and historical dimensions. The analysis draws insights from commentaries, explanatory reports, professional articles, and diverse literary sources, with a brief exploration of foreign legal paradigms. The first chapter serves as an introduction to inheritance law, elucidating its fundamental principles and contextualizing the traditional tenets of this legal domain. This section also scrutinizes the presumptions underlying inheritance. In the ensuing chapter, the focus shifts to a detailed exploration of testaments, encompassing aspects such as acquisition capacity, error resolution, and testament interpretation. A comparative analysis...
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Limits of the testator's will
Horejcová, Lucie ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
Limits of the testator's will The principle of autonomy of will is one of the fundamental principles of the law of succession. It is a respect for human personality. The aim of this thesis is a comprehensive introduction to the concept of the autonomy of the testator's will and its limits. This is achieved in five main chapters. The first chapter introduces the reader to the law of succession in general and then to its principles, which is important for a better understanding of the whole issue. The second chapter focuses on the initial enshrinement of the principle of autonomy of the will in Roman law and the subsequent development of this principle throughout modern history, especially in the General Civil Code and subsequently in the civil codes of the twentieth century. The institutions by which the testator has been able to express his will throughout history are described and compared with each other. The third chapter concerns the new Civil Code. This current legislation is very different from the previous ones. It provides for a very detailed regulation of the law of succession and gives the testator a wide range of options as to how he can express his will and dispose of his property in the event of death. In this chapter, I analyse the different acquisitions in case of death and their...
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The life motives of philanthropists leading to bequeathed donations for charitable purposes
Korček, Lenka ; Kroupa, Jan (advisor) ; Moree, Dana (referee)
The thesis deals with the motives of philanthropists who made a bequest in their will with charitable purposes. The objective of the work is to describe the issue of donation in the form of such a bequest in a will and the approach of society to this kind of donation. The theoretical part introduces the characteristics of individual donation, philanthropy and donation by will. The practical part is processed in the form of qualitative research with the aim of finding out and understanding the reasons and motives that led philanthropists to make such a decision. Reasons and motives were explored based on semi-structured interviews with narrative elements with four respondents. The identified reasons and motives for donation in the form of a bequest relate to arguments related to donation, credibility, information, purpose and responsibility.
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Comparison of the Czech and French Law of Succession and analysis of the relevant French Legal terminology with a glossary
ZÍKOVÁ, Tereza
The main aim of this bachelor thesis is a comparative analysis of the Czech and French legislation on inheritance law. The secondary objective is the analysis of the relevant legal terms. The thesis is divided into four main chapters, which are subsequently divided into subchapters. The first chapter deals with the Czech legal regulation of inheritance law. The second chapter deals with the regulation of inheritance law in France and the third chapter compares the Czech and French regulation of inheritance law. The last chapter contains an analysis of specific French legal terminology and includes a French-Czech glossary. The thesis ends with a conclusion and a summary in French.
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Comparison of the Czech and Spanish Law of Succession and analysis of the relevant Spanish legal terminology with a glossary
BUROVÁ, Tereza
The aim of this bachelor thesis is to describe and compare the Law of Succession in the Czech Republic and the Kingdom of Spain. The text is divided into several chapters. The theoretical part contains introductory chapters, which are devoted to the description of Roman inheritance law and the historical development of sources in the territory of these countries. The following is a description of the most important institutes of Law of Succession of both states and their comparison. The practical part is dedicated to the linguistic analysis of related terms and the formation of the Spanish-Czech glossary. The bachelor thesis is concluded with a resumé in Spanish.
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Autonomy of testator's Will
Šotová, Sandra ; Švestka, Jiří (advisor) ; Pohl, Tomáš (referee)
The rigorous thesis provides an insight of free testator's will. It is divided into five chapters that are further structured into sub-chapters where are terms, institutes and other matters related to this subject explained in depth. The thesis is mainly focused on interpretation of the current hereditary right that is combined with practice of the courts. In parallel is every chapter that discusses the current legislation, compared with the proposal of the new civil code. The thesis also includes a historical overview, beginning with the Roman law. The last chapter analyses the proposal of the new civil law with description of institutes that were not mentioned in previous chapters.
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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the New civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them, compares them with German and Austrian civil codes and when appropriate gives my own opinion on the changes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, basic principles and position in the New civil code, Selected changes in civil law terminology, which are used in the following chapters. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, How to cancel it, Regular forms, Irregular forms, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that is combined with parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic...
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Testate succession
Řípa, Jan ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The goal of this diploma thesis was to discuss the issues of testamentary succession, where not only the institute of the last will and testament will be discussed, but also some other legal regulations of the succession rights, that cannot be left out while discussing the issues of testamentary succession. The presented work is devided into six chapters, where the first chapter is started with the introduction word of the author, who introduces the work and puts the reader into the problem. After this a brief digression into the past follows, showing the issues of testamentary succession in the historical context and finally, this chapter is finished with the definition of the valid legal regulation of this time. The second chapter of this work focuses on the main principles of the testamentary succession. Individual principles are named individually and analysed in details, where some of the specific declarations of these rules are explicitly pointed out not only in this chapter, but in the following ones, too. The third chapter focuses in details on individual presumptions that must be individually fullfilled, so that the succession could be possible. These conditions are discussed in individual subchapters called: the death of testator, the existence of decedent's estate, the capacity to inherit, the...
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Testament - a comparison of Czech and German legal regulation
Svejkovská, Teodora ; Dvořák, Jan (advisor) ; Elischer, David (referee)
v anglickém jazyce The aim of the thesis is to compare legal regulations of testament in the Czech and German legislation. A maiori ad minus methodical procedure is used in the thesis. After general characteristics of testament, the work is focused on the regulation of testament in Roman law, which significantly influenced the current legislation in the Czech and German law. Furthermore, the attention is paid to the regulation of testament on the Czech territory during 20th century, especially to the Czech Civil Code 40/1964. Subsequently, the thesis characterizes the current legal regulation of testament in the Czech Civil Code 89/2012 in detail. This analysis is mainly based on legislation, expert commentaries and literature, judgment and internet resources. After processing the Czech regulation of testament, the thesis changes its area of interest to the regulation of the German legislation of testament. At this chapter similar methodological procedure and legal resources were used. The comparison of testament in the Czech and German legal system showed following conclusion: although the legal regulation of testament is very similar, especially due to the historical roots of Czech and German law, several significant differences have been revealed, e. g. the concept of capacity to dispose, the...
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Testament Succession
Burešová, Veronika ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The thesis debates one of the modes of succession, namely testamentary succession. A testament is, in accordance with Law No. 89/2012 of the Civil Code, one of the dispositions mortis causa. Inheritance contract and testamentary clause on legacy, along with testament, belong among dispositions mortis causa according to the law cited. The deceased exercises his or her will through such. The target of this work is to describe the current form of testamentary succession in its effective rule, focusing on facultative elements of a testament. The work is divided into six chapters. The opening chapter contains a discussion on succession rights, first in general and then the requirements of the creation of succession rights follow, as well as the other inheritance titles in their effective rule. The second chapter defines a brief excursion into the Roman law. In the subchapters, individual testament forms in the Roman law, testamentary competence, succession against testament, revocation and nullity of testament are included. The third chapter deals with testamentary succession itself; it is divided into eight subchapters. The first subchapter defines the term of testament. The following two subchapters deal with legal competence and the effects of error. The testament form is defined in the fourth subchapter. In...
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