Materiellrechtliche und linguistische Überlegungen zum Pflichtteil im geltenden Recht der Slowakei an der Wende vom 19. zum 20. Jahrhunderts bis 1950
Substantive and Linguistic Considerations on the Forced Share in the Law in Force of Slovakia at the Turn of the 19th and 20th Centuries until 1950

Summary/Abstract: The study presents the hereditary institute of forced share (Hungarian kötelesrész, German Pflichteil), which was first standardized in Hungarian law applicable in its modern regulation in Slovakia (as an integral part of the Kingdom of Hungary) in the year of 1861, adopting the conclusions of the Judex-Curial Conference - Provisional Judicial Rules (§ 7 PJR). However, the Temporary Judicial Rules legislation in question was not finally approved as law, but as a written legal custom it remained part of the law of succession until the disintegration of Hungary in 1918, and it was shaped during the era of dualism by another judicial practice of the Supreme Court of Hungary. The study, exceeding the year of 1918, when the Kingdom of Hungary disintegrated and Slovakia as one of its legal successors became part of the first Czechoslovak Republic, will take into account the said reciprocal Hungarian, uncoded PJR regulation, which became part of the dual, Czechoslovak regulation of succession law in the territory of Slovakia until 1950. In the framework of a positivist approach to the topic, the authors first want to outline the valid substantive legal basis of the PJR, and then they are interested in taking into account legal discussions that developed with respect to this institute on the platform of proposed regulations concerning testate succession within the first codification proposals of 1882, 1900 and 1913.

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