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Závěť / TestamentBorková, Martina January 2013 (has links)
in English Death as a natural legal fact relates to every natural person. Law of succession, which is a component of general private law, affects life of every individual. The reason of this is the fact that the property relations that do not terminate by a death of an individual or do not succeed by a special succession are to be solved by a usage of this branch of law regulations. The purpose of my work is to put Heritage law into a system of law, shortly describe all conditions for acquiring inheritance, one of which is a succession title. I concentrate on a problematic of Testament, which is one of the succession titles, by comparing relevant regulations of a Civil code no 40/1964 Sb. (hereinafter referred to as: "CC") and a new Civil code (hereinafter referred to as: "NCC") no 89/2012 Sb., coming into effect on 1st January 2014. The thesis is composed of seven chapters. Chapter one contains a short introduction of the topic while Chapter two and three contain a short insight into the problematic of the Law of succession in general and the basic terminology like Inheritance (Succession) and Heritage. Chapter four focuses on Conditions of acquiring inheritance and it is subdivided into four parts, each of which describing one of such conditions - death of a person, existence of heritage,...
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Dědění ze závěti / Testamentary successionPospíchal, Jiří January 2015 (has links)
The law of succession has been changed a lot by enacting the new Civil Code in many ways but its main purpose is still to regulate the succession of inheritance from testator to heirs and related problems. This thesis makes an analysis of testate succession, which is one of the three possibilities of inheritance succession. The second is an intestate succession, which applies in the situation, when testator did not wrote last will. The last possibility is a contract between testator and heirs distributing inheritance between the latter. This contract has bigger legal force than last will and intestate succession is used, if there is none of them. The thesis consists of five chapters. Chapter One provides a brief introduction to history of the law of succession in our territory and presents the purpose of the thesis. Chapter Two deals with the questions common to the whole law of succession, it is divided in three subchapters, which talk about the main principles of the law of succession and legal rules regulating it and also about preconditions of succession, which include death of testator, subjective law of succession, existence of inheritance and legal ground to the succession. It also names possibility of heirs to reject inheritance. Chapter Three is concerned with the main theme of the thesis, which is...
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Dědění ze závěti / Testate successionŘípa, Jan January 2014 (has links)
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 - komparace italského a českého práva / Testament - a comparative study of the italian and czech legal regulationsLangerová, Monika January 2015 (has links)
In this final thesis "Testament - a comparative study of the italian and czech legal regulations" the author analyses the legal regulations of this institute in the Czech Republic and Italy. The testament is a last will that is a reversible legal transaction, in which a natural person yields over at least a quotiance of the inheritance, eventually also a legacy. This final thesis consists of seven chapters excluding the opening and the conclusion. In the first chapter I focus on the Roman Law regulations of this institute, where we find the elementals for contemporary continental legal regulations. I also devote to the history of the testament on the territory of today's Czech Republic and Italy. Next chapter deals with the elementary terms of the inheritance law and puts the last will into the context with this area of law. I also turn to the testator character, his capacity or non-capacity to make the last will and to the action of oversights while making the last will. In the third chapter there are described the essentials of the testament, the assumptions for for the succession, assignation of the heritors and the institute of trust. I also refer to the possible inheritance non-capacity and the patronage of the nonnegligible heritors. Next chapter deals with formal essentials of the testament. The last...
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