Publication details
Vztah Falcidiánské kvarty a povinného dílu
| Title in English | Relationship between Falcidian and Reserved Portion |
|---|---|
| Authors | |
| Year of publication | 2015 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Attached files | |
| Description | This chapter examines relationship between Falcidian and reserved portion. Both institutes put a limit on testator’s dispositions mortis causa in order to protect an heir either in general or in case of a forced heir. It is the influence of Falcidian law what causes fixation of reserved portion as one quarter of the legitimate share. Both the institutes are close to each other both functionally and terminologically, therefore are mutually influenced and melting during the course of time (and due to the changes in the nature of the law of succession). Nowadays, usually only the reserved portion is present in the legal regulation (Czech Civil Code 2012 is an exception), however, (e. g. in Austrian or German law) we can find certain functional complementarity of absent Falcidian portion (quarta Falcidia) in relation to reserved portion. |