Thesis (doctoral)--Rijksuniversiteit te Leiden, 1948. / "Stellingen" (1 leaf) inserted. Includes bibliographical references.

This diploma thesis is focused on titles to inheritance. The aim of the thesis is to capture their course in the Czech Republic. This thesis is systematically divided into seven chapters. The first one is the introduction, in which the author justifies chosen topic. The second chapter is focused on development of inheritance law. Following chapters are focused on titles to inheritance. Each chapter is divided into several parts. These parts are lined up chronologically. Titles to inheritance are lined up in order to their legal force in recent legislation. At first the author is focused on inheritance contract in the third charter. Before ObčZ 2012, inheritance contract was in legal force at least more than 60 years ago and it returns by ObčZ 2012 to our legal system. The fourth chapter is focused on testament. At its first part there is a brief view into ABGB. In the following part narrowing of legislation under the influence of so called Legal Biennial is visible. The chapter ends with a view into the ObčZ 2012, which is strikingly similar to provisions of ABGB. The fifth chapter deals with intestacy. It is visible that the provisions in ObčZ 2012 are similar ABGB. In the sixth chapter there is conclusion in which the author presents her opinions on the whole topic. The seventh chapter includes...

The subject of my diploma thesis is to show in detail and describe the basic institutes of inheritance with regards to the autonomous will of the testator, according to the Civic Code after the recodification in force since 1.1.2014. With regards to significant and extensive changes of the means, with which the testator can manage the treatment of the inheritance mortis causa, I considered this subject relevant and that is why I chose it. I tried to supplant a wholesome view of the possibilities open to testators in case they decide to change the division of their property out of the lawful hereditary succession. The thesis is divided into six chapters that contain the history of inheritance in our country, basic terms, reasons for the creation of the current codex, institutes governing the transition of the estate to the legal successor and the largest part explains the inheritance titles according to the changes brought about by the alteration of the civil law. In the first part of the text, I describe the historical development and basis of inheritance laws in the period since the last decade of the reign of the Habsburg dynasty, until the adoption of the Civic Code in 2012, since it is valuable to have at least some idea about the circumstances leading to the current way of inheritance. The...

The theme of dissertation is "Inheritance and steering gear of inheritance in Czech Republic" because I widen the original theme of procedural law to material law - inheritance, according to New Civil Code (NOZ) which brought to Czech legal order many changes, also in the area of inheritance in Czech legislation. The thesis also analyses the changes which brought Zákon o zvláštních řízeních soudních. Dissertation then compares the new and the old legislation, highlights its pluses and minuses and also resolves if the new legislation is better the the old legislation and where are these changes obvious. This thesis should be general knowledge of changes in area of inheritance and steering gear according to NOZ, not at all detailed processing of institutes of inheritance law. Practical part of the thesis analyses judicature and three concrete testaments.

Testament Abstract The aim of this thesis was to provide a comprehensive analysis of the testament, one of the most important institutes of inheritance law. Act No. 89/2012 Coll., the New Civil Code, focuses on strengthening testamentary freedom, which permits the testator to decide, how his property is disposed of upon his death. This work is divided into three chapters. Chapter one brings general and comprehensive overview of legislation on inheritance law, notably with respect that inheritance law is part of to the private law. Attention has been paid to principles on which the law is based on. The work then defines the other two inheritance titles, i.e. heritage contract and intestate succession, and compares them with the "will". Second chapter, which is main theme of this master's thesis, outline discusses about the institute of last will, including obligatory and optional elements of testament, permissible forms of will, clauses, legatum and revocation the testament, while briefly considering some institutes more closely in the light of the current legislation. Finally, the paper examines Polish inheritance law, with an eye towards field of testate succession and explains the nuances within both systems. It sets out the fundamental differences. On the other hand points out the similarities, even...

Inheritance contract and donation mortis causa Abstract This thesis presents, defines and examines two institutes of obligation-inheritance law, namely the inheritance contract and donation mortis causa, in the Czech law. Author deals with the most burning issues which are associated with these legal institutes. Thesis is divided into ten main parts. Each part is being divided into chapters and subchapters then. The first part aims to provide a brief introduction to the law of inheritance. Parts two to five are oriented to the historical genesis with a main focus to the present domestic legislation. Attention is also devoted to special regulations of the inheritance contract of spouses and registered partners. The sixth part presents, defines and puts the institute of donation mortis causa into the historical context. Donation mortis causa is a subject of the research in the Roman law and especially in the Czech law. Thesis analyzes donation mortis causa in both of its modalities occuring in the Czech law. The part seven deals with the Roman-law institute quarta Falcidia, due to its relations with the inheritance contract, donation mortis causa and legacies. The part eight is focused on the issues related to the inheritance contract and donation mortis causa with international element. Attention of this...

no abstract provided by author / Master of Science

Disputes over inheritance law in inheritance proceedings Abstract This thesis deals with the inheritance proceedings. The thesis is primarily focused on disputes over inheritance law that may arise during the inheritance proceedings and which must be resolved in the ways prescribed by law before the final decision on inheritance is made. The content of this thesis is divided into four main chapters. The first chapter is devoted to the general characteristics of inheritance proceedings. The purpose was to describe which legal provisions regulate the inheritance procedure, on which principles the procedure is based and what its normal course looks like. Chapter two is focused directly on the disputes over inheritance law. The subchapters describe what a dispute over inheritance law is and how it is defined by the Act On Special Court Proceedings. On the contrary, it is also described what the case law or commentary literature does not consider as a dispute over inheritance law, although this may not be obvious at first sight. The procedure for resolving such disputes depends on whether the dispute is based solely on a legal assessment of the situation, or whether the facts on which the right of succession of individuals depends are the subject of the dispute. The aim of the subchapter, which focuses on the...

The diploma thesis is focused on the civil law institute of liquidation of inheritance, in this wording the term first has been implemented by Act no. 292/2013 Coll., Code on Special Court Proceedings., which came into force in 2014. The aim of the diploma thesis is to introduce the reader the term liquidation of inheritance and liquidation administrator of inheritance activity starting from appointment liquidation administrator of inheritance. The thesis offers author's reflection on the growing trend in the number of ordered liquidations of inheritance at the suggestion of the state and its consequences. To sufficiently illustrate the issue, the thesis contains appendices that better reflect the activities of liquidator administrator of inheritance, the inheritance court and the court commissioner. The thesis is divided into seven parts, the first part of the thesis introduces the reader to the issue and explains to the reader the reasons why the author decided to write thesis about this topic. The second part deals with the institute of liquidation of inheritance itself and the preconditions that must be fulfilled in order for the liquidation of inheritance to be ordered by a court. The third part deals with the person of the liquidation administrator of inheritance, the reader is acquainted...

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