- Protection of a forced heir and his disinheritance The protection of the forced heir has always been perceived as a clash of the will of the descendant and the principle of family cohesion. The objective of my thesis is to describe legal regulation of the forced heir and institutes related to this issue, i.e. their protection and disinheritance not only from the point of view of the current legal regulation according to the Civil Code No. 89/2012 Coll., but also from the point of view of their historical development. The diploma thesis is structured into four main chapters which are divided into subchapters. The purpose of the first chapter is to familiarize readers with the issue of inheritance law by defining its basic terms, revealing historical development from the time of Roman law through the ABGB General Civil Code to the modern legislation from 1950 and 1964 and taking account of their impact on the current legal system. The second chapter deals with the definition of the term of a forced heir, the determination of the size of the right to a forced share based on the age of the descendant, its determination with the possibility of inclusion and the principle for its payment. Furthermore, there are discussed the ways of protecting the rights of the forced heir. The third chapter deals with...

- Protection of a forced heir and his disinheritance Forced heir is a close relative of testator, who is provided by law with the privilege to be involved in estate in the extent to which the law determines even against the will of the testator. The testator is allowed to exclude this right of forced heir only by dishereditance. The purpose of this thesis is to comprehensively describe issues of forced heir, their protection and dishereditance. In my thesis I highlight the changes arisen due to the new Civil Code but I also deal with the features of these institutes which were not affected by new concept and previous jurisprudence of higher courts can be used. The thesis is composed of five chapters. In the first chapter I shortly define the term forced heir and dishereditance. Because the regulation of forced heir and dishereditance is very traditional in European law, in the second chapter I provide the historical background and development of these institutes. I describe rights of close relatives of testator in ancient Rome, the Middle Ages, and also in Civil Codes which come into existence in last century, but I focus mostly on Common Civil Code of 1811. Current Czech legal regulation of forced heir and dishereditance is divided into third and fourth chapter because of clear arrangement. In the...

This diploma thesis deals with the legal regulation of disinheritance, with regard to historical context. The thesis focuses primarily on the analysis of the grounds for disinheritance. Disinheritance is an institute that serves as a counterbalance to the legal protection of forced heirs, subsisting in their right to a forced share. If a deceased decides to deprive a forced heir of the protection guaranteed by the heir's right to inherit, i.e., to exclude the forced heir from his or her right to a forced share or restrict the forced heir in his or her right, the deceased may do so exclusively on the grounds defined by law. The current law provides for six disinheritance grounds: failure to provide necessary assistance in need, failure to show real interest, conviction for a crime, permanent unrestrained life, incapacity to inherit, and indebtedness or prodigality. The purpose of this diploma thesis is to provide a comprehensive explanation of the institute of disinheritance while emphasising in particular the legal provisions concerning each of the grounds for disinheritance, and through such explanation, to assess the current law and propose amendments, if any, de lege ferenda. The diploma thesis is divided in four chapters, with each chapter being split in sub-chapters. Chapter I defines the key terms...

Testamentary capacity and disinheritance Abstract Disinheritance is an institute of law, which gives the testator opportunity to shorten, or not to leave the forced share to the forced heir for which he is entitled by law. The testator can act in this way only if grounds for disinheritance are met. Grounds for disinheritance are defined by law. However, the legislator does not explicitly state who has this legal capacity. We infer this fact logically. The purpose of diploma thesis is the institute of disinheritance, its overall analysis and demonstration on examples from case law. Also, to evaluate the institute of testamentary incapacity, or the incapacity to make disposition of property upon death, and the institute of disinheritance and put them into context. At the same time, to point out whether legal definition of the testamentary incapacity could have been defined in a different way in the law. The diploma thesis is systematically divided into four chapters, which are then divided into subchapters. The first chapter explains the basic terms which are used in connection with institute of disinheritance. It also demonstrates the most important of the legal principles related to it. The second chapter deals with incapacity to make disposition of property upon death. It is pointed out here that the...

1 SUMMARY- FORCED HEIR AND DISINHERITANCE The subject of this thesis is the forced heir and disinheritance. The purpose of the thesis is to describe the current and future legal regulation while comparing them. Every testator is obliged to leave some part of the property to his or her forced heir. The forced heir is the testator's descendant and can be either minor or major. The only way for testator to avoid this obligation is to write a deed of disinheritance. There is a specified number of reasons of disinheritance; they are as follows: 1) the forced heir did not provide necessary assistance to the testator in disease, in old age or in a certain serious case 2) he did not show real interest in the testator 3) he was sentenced to imprisonment for at least one year 4) he led a dissolute life. The New Civil Code has replaced the third reason by following: the forced heir was sentenced for a criminal offense, which indicates his wicked nature, and adds one more reason of disinheritance, allowing to the testator to disinherit a wasteful forced heir. Both the current and future regulation of disinheritance are criticized for their generality and unclear definition of legal terms. The thesis is composed of 4 chapters. Chapter One is introductory and defines basic terminology used in the thesis: the forced heir...

Malgré le tabou de l'argent, la transmission des biens d'une personne répond à une indéniable nécessité familiale, économique et sociologique. La liberté testamentaire grandissante, à peine restreinte par la nécessité de protéger le noyau dur familial, rend surprenante une démarche pourtant bien présente en pratique : l’exhérédation. Celle-ci est la privation, directe ou indirecte et quelle qu’en soit la forme, de l’émolument successoral par la seule volonté du de cujus, sans pouvoir porter atteinte au titre d’héritier. La dichotomie entre titre et émolument permet de révéler la véritable relation successorale entre disposant et successible. A l’absolutisme quasi-absolu de la volonté du de cujus correspond l’effet quasi-plénipotentiaire du titre d’héritier. Si le de cujus peut presque librement disposer des biens composant ou qui auraient dû composer sa succession, l’héritier, bien que ne disposant d’aucun droit à l’héritage, a la faculté d’en perturber le règlement, sous couvert d’en assurer la police et la gestion. Le titre d’héritier, dénué de tout ou partie de l’émolument et distingué de la propriété des biens transmis, doit cependant tout au plus être vu comme un intérêt à agir, non comme un quelconque élément directeur des opérations de liquidation successorale / Despite the taboo of money, the descent of a person’s estate falls in line with an undeniable necessity in family, economic and sociological terms. The growing freedom relating to wills, which is hardly contained by the requirement to protect the family unit, makes disinheritance surprising, though such an approach does exist in practice. Disinheritance means direct or indirect deprivation – in whatever form - from a portion of inheritance, as decided by the testator only, without affecting the title as heir. The dichotomy between title and portion of inheritance reveals the actual inheritance-related link between the settler and the person entitled to inherit. The all but plenipotentiary effect of the title as heir is to be compared with the fundamentally absolutist desire of the testator. Though the testator can freely dispose of the property of which his/her estate is or should have been made up to all intents and purposes, the heir, though he/she may have no right to the heritage, can disturb the settlement of such estate, under the pretext of enforcing law and order and of administering such estate. The title as heir, deprived of any entitlement to all or any part of the portion of inheritance, which is to be differentiated from ownership of property conveyed, should however be perceived as an advantage to act, at the very most, not as a key aspect of operations relating to the settlement of a succession.

- Protection of forced heir and disinheritance The purpose of this thesis is to describe the current legislation concerning protection of forced heir and disinheritance and to highlight the recent and most important changes. The protection of forced heir shows intergenerational solidarity in law of succession opposed to another basic principle of law of succession - decedents autonomy of will. The institute of forced heir grants right to inherit a forced share to descendent's children in case the descendent forgets to include them in his disposition mortis causa. Disinheritance is the only legal option to break the protection of forced heir. The descendent might, only in compliance with the conditions set by the civil code, deprive the forced heir of his right to inherit the forced share completely or partially. The thesis is composed of five chapters. Chapter One introduces the basic terms, such as protection of forced heir, disinheritance and the institute of incapacity to inherit as one of the reasons for disinheritance. Chapter Two is subdivided into five parts and provides the historical background and development of the institutes of forced heir and disinheritance. Each part concentrates on different period, starting at legislation in ancient Rome and Common Civil Code through Czech Civil Code...

Statute of limitations of a plea concerning the voidability of a will as part of inheritance proceedings Abstract This thesis deals with the possible statute of limitations of a plea concerning the voidability of a will as part of inheritance proceedings or, as the case may be, identification of the conditions under which such statute of limitations is possible, since this becomes a current issue in a situation when there is an increase in the number of drawn up wills and length of inheritance proceedings. The thesis describes related legal institutions, including an analysis of related case law, and is applied to a specific case, whereas the author concludes that the statute of limitations of a plea concerning the voidability of a will as part of inheritance proceedings is possible, when the limitation period commences on the day that a disinherited descendant provably learned of the existence of a will and not the drawing up of a will or death of the testate. The author's conclusion, to a considerable extent, contradicts the very latest judgement of the Supreme Court of the Czech Republic which is also analysed in the thesis. From the author's point of view, this judgement is a strongly law-making decision which is not entirely consistent with the previous decision-making of the Supreme Court of the Czech...

Disinheritance and Forced Heir Protection - abstract Disinheritance is a significant instrument in inheritance law, protecting the testator's autonomy to dispose of their own property. It allows the testator to deprive their descendants of the right to a forced share in the estate, breaking the centuries-old tradition of intergeneration solidarity. The antithesis to disinheritance is the protection of a testator's descendant, i.e. the forced heir, who, under common circumstances, has the right to be provided for by the testator in their mortis causa actions. However, the legislation concerning these matters is often unclear, inconsistent, and imprecise. The aim of this thesis is to point out these problems and explain them to the reader, offer a comprehensive view on the historical development of both disinheritance and forced heir protection, and describe the current substantive and procedural provisions. The first chapter which defines the basic terminology is followed by a chapter on the historical development of disinheritance and forced heir protection in ancient Rome, the Middle Ages but especially in the Austrian Civil Code (ABGB) and the Czechoslovak Civil Codes of 1950 and 1964. The succeeding chapters are focused on the general rules of disinheritance and forced heir protection, primarily the...

1 Protection of a forced heir and his disinheritance - Abstract The protection of a forced heir is the protection of a descendant who is entitled to have the testator leave him at least a forced share of his estate. It is a traditional institute of inheritance law, which is a manifestation of the principle of familiarization and intergenerational solidarity by ensuring that the testator cannot completely neglect his descendant from his acquisition without a legal reason. The corrective, ensuring the autonomy of the testator's expression of will, is the existence of an institute of disinheritance, which the testator can use if his descendant is not worthy of the inheritance for a reason defined by law. The two institutes coexist and should be interpreted in conjunction with each other. The thesis aimed to describe the institutes, especially according to the substantive law, with the addition of the necessary context of procedural law. The aim of the thesis was also to draw attention to problematic aspects and to analyze controversial issues and vague legal concepts. The first chapter is focused on defining the basic concepts of inheritance law, which are defined from general to specific. To understand the current legislation, much attention is paid to historical developments. The second chapter, therefore,...