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1	Dědění ze závěti / Testate succession Duspivová, Petra January 2012 (has links) - 1 - Testate succession - Summary The purpose of my diploma thesis is to analyse testamentary succession in Czech legal order according to the effective Civil Code (40/1964 Sb.) and the newly enacted New Civil Code (89/2012 Sb.), while performing their comparison and focuses on the implications for the recipients. The thesis is not limited to the succession title as a will but analyses other inheritance assumptions and some related legal institutes as well. The thesis is composed of four chapters, each of them dealing with different aspects of heirdom and acquisition of property by inheritance. Chapter One is introductory, common to both testamentary and intestate succession and it is subdivided into four parts. Part One takes acquaintance of the concept of Czech inheritance law, including its purpose, use of heirdom and basic terminology used in the thesis. Part two describes the sources and basic principles which the Czech inheritance law system consists in and Part Three deals with inheritance assumptions relevant to acquisition of heritance, especially heir capacity to inherit. Chapter Two consists of four parts, in a row dealing with intestate succession, testamentary succession, heritage contract and other testamentary dispositions and points circumstances of their application. Chapter Three focuses...
2	Dědění ze závěti / Testate succession Pecha, Martin January 2016 (has links) The law of succession is a branch of civil law that deals with devolution of property rights and duties of a decedent to his heirs. The new Civil Code that came into force in 2014 brought considerable changes in the field of the law of succession. Finally, the legal regulation pays proper attention to the law of succession and testate succession. After more than sixty years, there were restored legal institutions such as Clauses of lesser importance in a testament (condition, determination of time or a mandate), inheritance contract, privileged wills, legacy, vulgar substitution or fideicommissum. Not only because of these institutions can a testator finally organize freely and according to his own will his property situation mortis causa. The purpose of my diploma thesis is to analyze the testate succession according to the Czech Civil code that became effective on the 1st of January 2014. The thesis is divided into two parts. The first part is split into five chapters that deal with individual prerequisites of succession. The prerequisites of succession are as follows: the death of a testator, the existence of a decedent's estate, the capacity of an heir to inherit, the legal ground of succession and the acceptance/non-refusal of inheritance. Meeting all prerequisites of succession is crucial to...
3	The Impact of South African Law on the Islamic Law of Succession Abduroaf, Muneer January 2018 (has links) Doctor Legum - LLD / South African Muslims constitute a religious minority group that is subject to dual legal systems. In the public sphere they are bound by South African law whereas in the private sphere are duty bound in terms of their religion to follow Islamic law. Muslims are required, in terms of their religion, to ensure that their estates devolve in terms of the Islamic law of succession. A son inherits double the share of a daughter in terms of the Islamic law of intestate succession. This unequal distribution of shares has led to a premise that the Islamic law of intestate succession discriminates against females. The South African Constitution strongly promotes the right to equality and non-discrimination. There is therefore a serious need to investigate the fairness of the Islamic law of intestate succession within the context of South African law. This is in the interest of a religious minority group who have been in South Africa since 1654. Constitution Intestate succession Inheritance Islamic law Muslim marriage Quraan South African Constitution Sunnah Testate succession Wills
4	Závěť / Testament Šťastná, Jana January 2021 (has links) 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...
5	Dědické tituly v průběhu času / Evolution of inheritance title deeds Váňa, Dalibor January 2012 (has links) - Evolution of inheritance titles My thesis contains the description and analysis of inheritance titles through the history - from Roman law to legal situation de lege ferenda. The institution of inheritance is an indispensable part of the system of law. The inheritance contributes to keeping property values of a deceased person for his successors, usually for further generations. The inheritance law contributes also to the certainty and continuity in legal relations between entities of civil law relations. The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The thesis pays the greatest deal of attention to the regulation de lege lata and regulation de lege ferenda and their comparation. Description of the provisions of the civil code is accompanied by important judgments of the courts. Historical excursion starts in the Roman law which is commonly accepted as the basis of the current legal regulations and follows by the brief review of the middle-ages law. The thesis then deals with the Allgemeines bürgerliches Gesetzbuch (ABGB) adopted in 1811. This civil code became the first modern regulation in the Czech territory. ABGB was valid until the beginning of the twentieth century's 50s, after the communist revolution, when new "socialistic" regulation took...
6	Aspects of succession law in ancient Egypt with specific reference to testamentary dispositions Van Blerk, Nicolaas Johannes 11 1900 (has links) Text in English / This study indicates the strong link between the belief in the afterlife and the inception of testamentary dispositions in ancient Egypt. To understand law, and specifically succession law, the importance of religion must be understood. Religion was embedded in society. One of the most important principles of religion was maat, which formed the basis for law. The living and dead formed part of the same community. The belief in the afterlife implied an immortality, an eternal continuation of life. There was a moral relationship between the dead and living and the deceased was dependent on sustenance after death. There was an obligation for the family to sustain the deceased, but this piety diminished and a need arose to make arrangements for sustenance prior to death. This led to the inception of the testamentary disposition document. The purpose of succession law is to maintain and strengthen the socio-economic structure in society and it therefore fulfils a social function. At the heart is the nuclear family. In ancient Egypt two systems of succession law developed: customary intestate succession and testate succession (by way of testamentary disposition). Different types of documents were used in ancient Egypt to serve the purpose of a testamentary disposition, such as the pious foundation and the imyt-pr. Important concepts and elements of succession law from the Old, Middle and New Kingdoms are identified and discussed. These include fideicommissum, trusts, usufruct, habitatio, legacies, the importance to indicate ownership of property, etc. The testamentary disposition documents of ancient Egypt must be one of the earliest examples of testate succession law. The Egyptian testamentary disposition, with its concepts and elements of succession law, was established centuries before Rome and Roman law were established. The resemblance to our modern-day wills and testaments through our Roman testate succession law heritage is remarkable. / Classics and World Languages / D. Litt. et Phil. (Ancient Near Eastern Studies) Ancient Egypt Succession law Succession Inheritance Testate succession Customary intestate succession Testamentary disposition Afterlife Maat Judgement of the dead Pious foundation Eldest son Will Testament Imyt-pr Division Adoption Fideicommissum Habitatio Trusts Usufruct Legacy Beneficiaries (heirs and legatees) 340.532 Law, Ancient Egyptian law Inheritance and succession Wills

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