The article deals with selected theoretical and empirical aspects of inheritance law after enactment of Act No. 89/2012 Sb., Civil Code and new aspects of inheritance proceedings brought about to the ...proceedings due to Act No. 89/2012 Sb., Civil Code. These new aspects culminate in questions of reflection of authonomy of freewill in succession law in inheritance proceedings, and the respect of the freewill of the deceased in this proceedings, transition of debts to successors from the deceased and litigation of succession.
Abstract
The newly enacted amendment to the New Civil Code has revolutionized trust (like) law in the Czech Republic. The introduction of the Records of the Trust Funds changed the establishing and ...functioning of trust funds, shortly after the implementation of trust funds in 2014. The most significant change is that inter vivos trust funds are to come into existence only by registration, and also that the appointment of the beneficiary enters into effect by registration only. In this article, the developments of the law are discussed, highlighting the main features of the new regulation, with focus also on foreign trusts.
Trusts with special regard to their foundation and administration Abstract The purpose of my thesis is to analyse foundation and administration of trusts in the Czech Civile Code with respect to the ...main theoretical issues such as essencialia, naturatia and accidentalia negotii of the primary foundation legal document with is called "statut". I also concentrate on the status of beneficiary, but mainly on the rights and duties of the administrator of the trust. The reason for my research is to develop a system concerning the elementary questions relating to the legal life of the trust, to tackle main theoretical problems and to distinguish between significant phases of its existence and its admninistration. The thesis is composed of three chapters, Chapter Two being most detailed. Chapter one which is subdivided into three parts is dealing with preliminary questions such as the concept of trust and its history and international variation of similar institutes such as fiducie, treuhand and common law trust. Chapter One is introductory and defines the concept of trust: it is quasi legal subject made of structure of rights and duties towards autonomous assets and of rights and duties concerning its administration in largo sensum. Chapter Two examines relevant Czech legislation involving trusts, primarily the...
Fundamental Questions of the Conception of Civil Procedure Abstract The dissertation deals with fundamental questions of the conception of civil procedure (civil contentious litigation). In order to ...deal with these questions, a system of fundamental questions is presented, serving as a prism for evaluation of the conception of the Czech civil procedure de lege lata and de lege ferenda. These fundamental questions are divided into fundamental questions of the conception of civil procedure largo sensu and stricto sensu. A deductive approached is employed, advancing the research from more general questions (i.e. inter alia character of contemporary democratic state based on rule of law and role of civil procedure within such state, a notion of civil procedure) to more particular questions (i.e. inter alia character of the relation between the court and the parties to the dispute, instruments of the court). The questions gradually narrow the space for the conceptions of civil procedure. Three general conceptions of civil procedure are distinguished. These are liberal, social and cooperative conceptions of civil procedure. Subsequently, special conceptions of civil procedure are distinguished, these do not deal with the relation between the court and the parties comprehensively (these are: conception based on...
