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...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:411494 |
| Date | January 2020 |
| Creators | Blahová, Eliška |
| Contributors | Thöndel, Alexandr, Frinta, Ondřej |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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