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AN INSIGHT INTO OPTIONS OF EXPRESSION OF WILL IN THE CASE OF DEATH

The result's identifiers

  • Result code in IS VaVaI

    <a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F61989592%3A15220%2F16%3A33163008" target="_blank" >RIV/61989592:15220/16:33163008 - isvavai.cz</a>

  • Result on the web

  • DOI - Digital Object Identifier

Alternative languages

  • Result language

    angličtina

  • Original language name

    AN INSIGHT INTO OPTIONS OF EXPRESSION OF WILL IN THE CASE OF DEATH

  • Original language description

    Current Czech law of succession is built on the traditional rule of autonomy of will, which is the leading principle of entire private law. Law of succession enables for the decedent to make, in the case of death, some of institutions of inheritance law, which are inheritance contract, testament, or testamentary clause. Decedent has the option in the case of death to call heirs and legatees and to determine conditions, mandates and other clauses. At disposition mortis causa the decedent has many options how to express his own will, but he must respect some limitations, set by law of succession to protect the interests of heirs, forced heirs, or creditors. Should the decedent fail to respect the limitations set to the protection of such persons, the protected persons could asset their rights even against the will of the decedent. Law of succession balances the right of the decedent to make disposition of his property in the case of death, and the interest in the protection of rights of some other persons who have certain relations with the decedent and whose protection is desirable for the society. In addition to the protective provisions, the decedent has to meet often strict formal requirements applied to the particular dispositions mortis causes.

  • Czech name

  • Czech description

Classification

  • Type

    C - Chapter in a specialist book

  • CEP classification

    AG - Legal sciences

  • OECD FORD branch

Result continuities

  • Project

  • Continuities

    S - Specificky vyzkum na vysokych skolach

Others

  • Publication year

    2016

  • Confidentiality

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

Data specific for result type

  • Book/collection name

    Evolution of private law. New approach

  • ISBN

    978-83-60743-97-3

  • Number of pages of the result

    7

  • Pages from-to

    261-267

  • Number of pages of the book

    300

  • Publisher name

    Uniwersytet Śląski w Katowicach

  • Place of publication

    Katowice

  • UT code for WoS chapter