NEW CHANGES IN MAINTENANCE RELATIONS AFTER THE REFORM OF PRIVATE LAW IN THE CZECH REPUBLIC – THE MAINTENANCE AFTER DEAD OF BREADWINNER

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F14%3A00101912" target="_blank" >RIV/00216224:14220/14:00101912 - isvavai.cz</a>

Result on the web

<a href="http://dx.doi.org/10.5593/sgemsocial2014B21" target="_blank" >http://dx.doi.org/10.5593/sgemsocial2014B21</a>

DOI - Digital Object Identifier

<a href="http://dx.doi.org/10.5593/sgemsocial2014B21" target="_blank" >10.5593/sgemsocial2014B21</a>

Result language

angličtina

Original language name

NEW CHANGES IN MAINTENANCE RELATIONS AFTER THE REFORM OF PRIVATE LAW IN THE CZECH REPUBLIC – THE MAINTENANCE AFTER DEAD OF BREADWINNER

Original language description

This contribution deals with the implementation of the right of an authorized person to the provision after a death of an obligated person in the Czech republic. The first part dealt with the general conditions for granting any right to provision in the Czech Republic and is found that the basic condition is the existing family law status between obligee and obligor which is terminated by the death of any of them. The new right for provision in a case of obligor´s death breaks this basic condition. Then contribution identifies a purpose of this new type of maintenance and finds that this change should help to reduce existential threats of the persons authorized to provision in a case of a sudden social event such as the death of a breadwinner.This right to provision was regulated by the Austrian Civil Code from 1811 and was in force until 1950. Right to provision can be divided according to the groups of the obligees, who have the right to provision from the deceased´s estate: the children of the testator or their descendants (§ 1655 NCC), the spouses of the deceased (§ 1666, par. 1 and 2 NCC), the surviving unmarried pregnant women (§ 1666, par. 1 and 2 NCC), the parents of the deceased (§ 1668 NCC), the persons who lived with the deceased in the same household and to whom the deceased provided free maintenance (§ 1668 NCC). The paper specifies conditions for granting each sort of the right to provision, the extent of this provision, and eventually the time limitations of its performance. In Czech law there are two kinds of the right to provision after the death of breadwinner – the first kind of the provision is provided at a relatively large extent and the right to performance is then strictly time-limited to the period of weeks and the second kind of the provision is not time-limited and thus the provision is of lesser extent. The paper concludes that the analyzed change is found outside the narrow scope of family law.

Czech name

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Czech description

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Type

D - Article in proceedings

CEP classification

—

OECD FORD branch

50500 - Law

Project

—

Continuities

N - Vyzkumna aktivita podporovana z neverejnych zdroju

Publication year

2014

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Article name in the collection

Conference Proceedings - SGEM Conference On Political Sciences, Law, Finance, Economics and Tourism

ISBN

9786197105254

ISSN

2367-5659

e-ISSN

—

Number of pages

8

Pages from-to

693-700

Publisher name

SGEM International Multidisciplinary Scientific Conferences on Social Sciences and Arts

Place of publication

Albena

Event location

Albena

Event date

Sep 1, 2014

Type of event by nationality

WRD - Celosvětová akce

UT code for WoS article

000359614500091