Publication details
Zamyšlení nad přirůstáním uvolněného dědického podílu
| Title in English | Some Ramarks on the Accretion Rleased Inheritance Share |
|---|---|
| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | Law of succession;Accretion;civil code;Roman Law;ABGB |
| Attached files | |
| Description | This text deals with accretion. This may happen when the whole estate is not mentioned in the last will, mainly in the situation when one of the heirs fails to take his share. However, unlike in the Roman law where the accretion applies always, in modern law is applied only to a limited extent. This is the consequence of the fact that modern law allows the combination of legal grounds of heritage. Mainly heirs with fixed percentage don't have the right for an accession, so the loose portion belongs to statutory heirs. However, in many cases this may be against the testator's intention, when he just wanted to state the ratio of the partition among the testamentary heirs, not to restrict them just to the given portion. The text also proposes advice on how to proceed to give the testamentary heir more that just his given portion in case when other heir fails to take his share. |