Thesis (doctoral)--Friedrich-Alexander-Universität zu Erlangen.

Univ., Diss.--Paris., 2002.

Thesis (doctoral)--Universität Berlin.

Thesis (doctoral)--Universität Göttingen.

Thesis (doctoral)--Universität Bern.

Thesis (doctoral)--Universität Breslau.

The thesis deals with one of the reinstated institutes which are introduced by act number 89/2012 Sb., that is by the new Civil Code and it is the institute of Legacy. This work is divided into five chapters, where firstly it discusses the characteristics of this institute in Roman Law and compares it with the institute of fideicommissum. In addition this work deals with characteristics of this institute in Italian law from the times of Unification of Italy up to the present day, therefore it briefly deals with both of the Italian civil codes. The most extensive chapter deals with the institute in our own legal history, especially about its form in ABGB, the "warp" and the "middle" code and it is followed by chapter, which deals with our new Civil Code, which has returned this institute into our Inheritance Law. The whole work is concluded by a comparison of the similarity of this institute in Italian and Czech legal order. This work is elaborated on positive note and its aim is to show that this is very practical institute, which is in both ours and Italian law very similar even though it has been developing for centuries. I believe that it could become normal part of donation mortis causa.

Fideicommissum Abstract The diploma thesis addresses the institute of fideicommissum or fideicommissary substitution which was reintroduced in the legal order of the Czech Republic by the new Civil Code No. 89/2012 Coll. The institute of fideicommissum is part of private law, in particular of inheritance law, which can be found in Chapter 3, Part 3 of the Civil Code. Fideicommissum assists to adjust property and family relations, in particular by preserving and transferring family assets for private purposes in accordance with the current needs of today's society. The institute is nowadays very practical as it enables a testator to dispose of his/her property in a better way in the event of his/her death as it allows the testator in predictable situations to appoint any persons who are to take the position of the original heir specified in the last will and testament in the event of heir's death. The first part of the thesis focuses on the creation of the institute of fideicommissum, its development and its various forms in which the institute occurred throughout the history. The second part of the thesis introduces institutes of private law, in particular inheritance law which is linked with the institute of fideicommissum or has some common features. This part deals with the essence and significance of...

The thesis includes the analysis of the fideicommissum institute, which is one of the elements of the Czech Inheritance Law that were reintroduced into the new Czech Civil Code, which came into effect on the 1st of Janurary 2014. The theme is highly actual due to the new important possibilities of expressing the will of the testator for the occasion of his death. The thesis is focused on the analysis of the current enactment and describes the historic development of the fideicommissum institute The text contains four fundamental parts. The first presents the fideicommissum institute and its role and development in the Inheritance Law from the time of Roman Law. The author deals in this chapter with the intertemporal provisions and other coherent institutes, which go along with the fideicommissum institute. We talk about hereditas iacens and administration of the inheritance. In the next chapter, the author explains the current enactment in the Civil Code in detail and mentions the procedural enactment of the special Code on Specific Civil Proceedings as well. It consists of the foundation of the fideicommissum and the inheritance regime. The last chapter consists of comparison of the Czech and Slovak enactment. Taking into account that in the Slovac Republic is currently being prepared the new...

This thesis deals with the fideicommissary substitution that has made a reappearance in the civil law of the Czech Republic after fifty years. This change came into effect on the 1st of January 2014, along with a newly effective and modernized Civil Code. The purpose of this thesis is to analyze the reasons for the reintroduction of the fideicommissary substitution into the Czech inheritance law. The thesis is divided into three main sections. The first section focuses on the definition of the fideicommissary substitution. The fideicommissary substitution is also compared to other similar institutions of the Czech inheritance law. The second section focuses on the origins of the fideicommissum in Roman law and its alterations throughout the history, with the emphasis on its adaptations in the Civil Codes effective on the territory of the current Czech Republic. The last section focuses on comparing the institution of the fideicommissary substitution to similar institutions in France, Germany, Spain and Scotland in order to demonstrate the differences and similarities among them.