Publication details
Postavení dědice v římském právu
| Title in English | Heir's Position in Roman Law |
|---|---|
| Authors | |
| Year of publication | 2011 |
| MU Faculty or unit | |
| Citation | |
| Description | This thesis is concerning the position of an heir in ancient Rome. It tries to describe and analyse the key features of the heir’s position in Rome, emphasis is given on those features, that are very typical for roman law, but are either weaker or absenting in contemporary czech law of succession. It also deals with some provisions of the proposal of new czech civil code, that is likely to be enacted soon, because its provisions are very often inspired by roman law, sometimes are even identical. Mainly czech, but also foreign literature was used for the elaboration of the thesis, moreover, it is widely accompanied by authentic sources, especially The Institutes of Gaius and the Digest or Pandects of Justinian. The thesis is divided into eight chapters. The first one serves as an introduction, it is followed by two chapters describing the basic terms – who is an heir and the distinction between (civil) heir and the possessor of the property. The main body of the thesis are the chapters four, five, six and seven, addressing the heir’s position within relationships to other people – the family of the decedent, co-heirs, other mortis causa beneficiaries and the creditors. The last chapter is a conclusion, that tries to find out some general principles, that are behind the development of the roman law of succession. Some of the key aspects are examined again, not only from the roman law-based point of view, but also with respect to the above mentioned proposal of Civil Code of the Czech Republic, containing many roman law institutes. |