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,...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:452539 |
| Date | January 2021 |
| Creators | Pospíšilová, Gabriela |
| Contributors | Lederer, Vít, 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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