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The article deals with the question of date requirement in case of testament (whether the date is formal requirement of it). It provides interpretation of paragraph 1494 section 2 of Civil code (Act Nr. 89/2012 Sb.) which contains the only one norm dealing with date of the testament (it covers situation when there are multiple testaments without a date). Article also addresses different cases where date is required or not.
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This article deals with professor Gruber, the most important representative of the Czech Social Policy School. Professor Gruber´s best book is “the Social Policy” published in 1919. In his opinion social policy primarily refers to guidelines, principles, legislation and activities that affect the living conditions conducive to human welfare. The state distributes throughout social policy´s measures national income among different social classes. J. Gruber successfully overcame the stagnation of social legislation at his time.
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The submitted paper analyses the institution of court in Judaism. It is submitting brief historic overview over Jewish judiciary institution. As the phenomenon of Jewish legal reasoning is quiet famous it is necessary to analyse also the proper legal forums, where the legal argumentations could and can take place. Moreover the paper analyses the elementary grounds of civil rules of procedure in as it has been codified through the course of history. It may be interesting but not surprising that main principles of Jewish rules of procedure are quite close to those that are recognized today.
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The article focuses on the introduction of selected cases of litigation regarding the origin, scope and content of the usufruct, as they were captured in Justinian´s Digest. The purpose of these selected cases is to demonstrate the applicability of Roman law cases and in particular their solutions for today's modern law, which-when new Civil Code comes into force-will need extensive inspirational material for institutes, which were abolished in the socialist law and now are being restored.
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This paper seeks to rethink one well-known event in the medieval history of German-Bohemian relations, i. e. the court assembly in Magdeburg in 1012. The mentioned gathering of nobility held by Henry II., king of Germany, is usually assumed to have sentenced Přemyslid duke Jaromir to custody in Utrecht as a result of his command to slaughter a suspicious Bavarian delegation, travelling through Bohemia to the Piast court. In contrast to the traditional interpretation, it is suggeted to treat Magdeburg incident as a failed or „bad“ ritual of submission and reconciliation (so-called deditio), performed by Jaromir but rejected by Ottonian ruler. Arguments for such an assumption are provided by the conceptual analysis of the chronicle of Thietmar of Merseburg as of our main historical source for that period.
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The paper deals with the analysis of a specific example of infanticide which is quoted in Koldín´s Code. Two fragments from the Justinian collections (Digest and Institutions) in this passage occur. The question from where the passage could be adopted to the Koldín´s Code is crucial for understanding of Koldín ´s way of working. One of the texts followed by Koldín is the pergamen manuscript from the first half of 15th century (sig. 1864) stored in the Prague City Archives. Substantial codicological and paleographical study of this manuscript allows the hypothesis that the scribal hand of one of the commentators could be identified with Paul Christian of Koldín. Using codicology also opens further opportunities for evaluation of Koldín´s participation in the preparation of codification of municipal law. Its place is invaluable for estimatimation of the extent and form of Koldín´s personal library where one can successfully use the survivors´ inventories.
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The text presents changes of legal regulation of treasure ownership. Whereas the enacted text of ABGB (Austrian Civil Code 1811) divided the treasure in thirds (one of them belonged to the state), since 1846 was the whole treasure divided between the finder and the owner of land (each received one half). This division was taken over in the first draft (1931) of Czechoslovak Civil Code. However, the second draft (1937) reintroduced the division in thirds, but the purpose was different – protection of archaeological discoveries. The value of the discoveries was already not only the value of metal or artistic work, but they served as a source of scientific testimony of live in the period.
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The paper is dealing with both contemporary and new assessment of confiscatory decrees No. 12 and 108/1945 Coll. There are two major approaches: the first one can be denominated as “national“, the other as “democratical“. The approaches differ from each other by interpretation of confiscation (punishment or administrative measure), nationality as a prerequisite for confiscation (collective guilt or responsibility), relation of confiscation and reparation (problem of recompense), continuity or discontinuity with pre-war era, etc. Both approaches are present in contemporary situation and can be identified with politicians, lawyers or courts. The “national“ one is more corresponding to the wording of the decrees, opinion of communists and especially minister Ďuriš. The “democratic“ one reflects the ideas of president Beneš and is reflected in decisions of The Constitutional Court. Both approaches were influencing each other in the post-war application, especially the “national“ one was modified and moderated by the “democratic“ one.
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The article deals with the 1950s and 1960s dispute over the system of law that soon concentrated on enacting new Commercial code and on existence of Commercial law as a separate branch of law. When answering the question as to whether such a dispute is still worth our attention, the author mentions two points. First, that the dispute is related to the new division of law which was applied for the whole following quarter of the century. Second, that in the context of the recently adopted Civil Code it gains a new dimension, raising some interesting up-to-date questions.
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This paper focuses on selected institutes of inheritance law of ancient states. On the one hand points to the consistent approach of selected countries in some important areas, especially in the determination of the heirs. On the other hand emphasizes the peculiarities of inheritance law in some states caused by the specificity of the culture.
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The text focuses on some of the principles that shaped the Roman law of inheritance and are still known in rules SEMEL HERES, SEMPER HERES; NEMO PRO PARTE TESTATUS, PRO PARTE INTESTATUS DECEDERE POTEST; AMBULATORIA EST VOLUNTAS DEFUNCTI USQUE AD VITAE SUPREMUM EXITUM. In modern codification of civil law, the first two de facto do not reflect, the contrary the third one have a solid place in all of this codifications. But the truth is that the Romans themselves have themselves tried to excessive steepness of the first two bypass alight (fideicommissum hereditatis, testamentum militis), so the modern law of the exceptions made only rule.
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The text is focused on some important features of the Hungarian testament practice and of the law of succession on the example of Tárnok-towns. The determination of succession was considered being a severence payment of the decedent’s estate till the enactment of the law under Article XXVII/1715. The aim of ad pias causas (pious bequests), a material remuneration package for charitable purposes was finally of use. The terms associated with the universal succession were reflected in Hungarian cities in the form of wills or heirs of a universal object. The first group of heirs is mostly identified with the descendants and the surviving spouse, the second group with ascendants (parents), from which the collaterals (relatives and siblings) derive thein title by inheritance. The Article XXVII/1715 regulated formal testaments: precise and clear identification of persons as well as designation of decedent’s estate. Written corrective instruction (naturally found) and illegible handwriting were undesirable. Both place and date of creation were mandatory as well as signature of witnesses, notary or testator (autographic cross signature was sometimes sufficient). Testament had to be drawn up in a language that the testator can understand or at least in such a language that the testator can understand what is the content of the testament. The severance payment obligation was fully met, if the will was published within one year after the death of the testator (the publication was made in the presence of particular persons and representatives of the municipality).
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This article deals with legal regulation of the institutes of legacy (legatum) and trust (fideicommissum) in ancient Rome and in the legal development of Czechoslovakia and the Czech Republic. Firstly are described their characteristic features and the difference between legacies & trusts and deathbed gifts (mortis causa donationes). Subsequently various kinds of legacies and trusts are described. The analysis of the legal development in the Czech Republic begins with ABGB (Austrian Civil Code 1811) and with the Draft 1937 that aimed to only slightly modernize ABGB. From the point of view of a Roman-law researcher is interesting the institute of fideicommissary substitution, because in ABGB is the institute called “Trust substitution” and the provision uses the term “transfer of decedent’s estate” whereas in Draft 1937 the institute is called “Trust succession” and the term “passage of decedent’s estate” is used. Civil Code 1950 regulates legacy and trust in a sole provision that lead to respecting of principle “Once an heir, always the heir” because of omitting fideicommissary substitution. Civil Code 1964 allows neither legacy nor trust. Both legacies and trusts are present in New Civil Code that comes in force in 2014. It contains the rule of Falcidian portion with typical roman-law features, on the other hand unlike in Roman law the realization of legacies is not depending on realization of heir descent.
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In the introductory part, the authors claimed that the persecution of 1948-1950 had a number of common characteristics throughout all particular faculties (activities of action committees, administrative sanctions of professors, students, employees and even new alumni, criminal prosecution of some teachers). Aside from that there were certain dissimilarities (different speed and actions taken by action committees, liquidation of Brno’s law faculty). Next, the authors focused on the process of forming an action committee at the Brno’s faculty of law and organization of “purgatory action”. According to data of the action committee, there were about three-fifths of almost nine hundred students who passed the screening. This “screening” affected also Brno’s professors such as Václav Chytil, František Kop, Vladimír Kubeš, Bohumil Kučera, Zdeněk Neubauer, Adolf Procházka, Jaroslav Stránský, František Weyr and partially even Jiří Cvetler. There were criminal proceedings against professors A. Procházka and J. Stránský, who had emigrated, and against V. Kubeš for trying to leave the republic and against V. Chytil for alleged treason. The authors also briefly outlined the situation that was in Prague and Bratislava.
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Ota Weinberger se narodil 20. dubna 1919 v Brně do vzdělané, dobře situované, neortodoxní židovské rodiny, která i po rozpadu rakousko-uherské monarchie nezpřetrhala vazby s německou kulturou a německým jazykem. Toto rodinné zázemí mělo rozhodující vliv na jeho životní dráhu. Krátce po absolvování gymnázia a zahájení studia na Právnické fakultě v Brně obsadil tehdejší Československo Hitler. Podobně jako jiní Židé, byla i jeho rodina pronásledována. Čtyři roky svého života strávil v různých koncentračních táborech, mezi jiným i v Osvětimi. Po válce dokončil právnickou fakultu a nastoupil do soudní praxe. Po druhé světové válce se však Československá republika dostala do područí další, komunistické totalitní diktatury. Weinberger odmítl vstoupit do komunistické strany, důsledkem čeho byl zproštěn soudní služby a byl zaměstnán jako zámečník.
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This article deals with the concept of Solemnization of Marriage “post mortem”, which is a special legal concept of Nazi Family Law. This sort of marriages was allowed during the World War II and it brought a lot of complications. Its purpose was to give a chance to women, whose fiancés died on the battlefields, and to fulfill the goals of Nazi population policies. In this respect, the author of this article also explains the connotation of “distance marriage contracts”. This concept is related to the abovementioned questions and is very unusual from today’s point of view too.This article deals with the concept of Solemnization of Marriage “post mortem”, which is a special legal concept of Nazi Family Law. This sort of marriages was allowed during the World War II and it brought a lot of complications. Its purpose was to give a chance to women, whose fiancés died on the battlefields, and to fulfill the goals of Nazi population policies. In this respect, the author of this article also explains the connotation of “distance marriage contracts”. This concept is related to the abovementioned questions and is very unusual from today’s point of view too.
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The backgrounds of this article are based on the monography by H. P. Glenn: Legal Traditions of the World (Oxford University Press, 2nd edition, 2004). National laws are placed in the broader context of major legal traditions (talmudic, civil, islamic, common, hindu, Asian) in that book. Author of this article intends to briefly compare institutions and instruments (of substantive and procedural law) of given traditions in relating regions with the legal culture of the European continent. He criticizes continental legal practice for its hypertrophying legalism and growing incapability to guarantee the resolving of legal conflicts by the continental courts on the appropriate level. Property, contract and liability are the dynamically developing instruments of the contemporary law, deserving the most attention of the jurisprudence and jurisdiction. In the future, diverse legal systems can friendly co-exist not only on the necessary basis of mutual tolerance, but through using various means of cooperation including multivalent views.
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This article focuses on causes and consequences of transformation of the current state. First, it provides a brief list of processes that were previously used by the state to gather the so-called metacapital (P. Bourdieu). These processes generated a state with a role of a creator of social reality that articulates and interprets referential social relations through the superior language of law. Further, this article follows the current weakening of the state connected to the drain of its symbolic authority and to the erosion of the legitimacy of power. It is namely the plurality of interpretation schemes that discomposes the symbolic superiority of state power. These schemes arise to a large extent independently from the state, and, at a structural level, they cause a certain depreciation of the state through processes collectively called globalization. This is why – in the current world - the role of the state shifts from a creative one to a mediatory one. This article also suggests possible consequences of this new role in light of the concept of sovereignty.
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This article aims to describe the position and “function” of women during the Nazi era in Germany and it also explains the relations between women and Nazi policies. Next, this article pinpoints some of the arrangements that were done in order to reach the stated goals of population and racial policies of the Third Reich. Specially, it focuses on how these policies were anchored in the Labor law and Family law. Nazis understood a woman just as a mother, a wife and “a conservator of the race”, which was supposed to deliver as many children as possible in order to provide new soldiers for future wars and for colonizing the East. The Nazi policies were placing an enormous emphasis on giving social supports and tax advantages to young Germans. The goal of these tendencies was to increase the number of marriages and newborns.
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Ač se podle názvu této stati budeme věnovat právu první Československé republiky, každý absolvent prvního ročníku přávnické fakulty ví, že 28. řijnem 1918 začít nemůžeme. Respektive mohli bychom, ale jen tak, že bychom připomenuli schválení československého recepčního zákona, který by nás stejně přivedl k starším rakousko-uherským poměrům.
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