Publication details
Předpoklady vzniku dědického práva
| Title in English | The postulates of the Law of succession origination |
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| Authors | |
| Year of publication | 2011 |
| Type | Article in Proceedings |
| Conference | Soukromé právo v proměnách věků. Sborník příspěvků z Letní školy. |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Roman Law; actio familiae erciscundae; erctum non citum; Law of Succession; Civil Codification; ABGB |
| Description | In Ancient age the Law of succession as a branch of law had postulated a conversion of tribal societies up to a community organized in a polity (civitas) along with an individual proprietorship origination. The domain of present day Italy was during ancient times occupied by inhabitants of various strains. Those tribes were composed of individual genera perceived as an essential social entity: the members were being associated pursuant to their blood relations. The generic symbiosis consisted in a land proprietorship belonging to all gentiles, without any necessity of succession. Institute of individual ownership caused an urgency to establish an adaptable succession system. The Roman law had created a principle erctum non citum: Gaius 3, 154a. This attribute of undivided ownership might had been portioned by a special legal action called actio familiae erciscundae. The lawsuit brought an occasion for property distribution among heritors if the interest to persist in participation had absented. The medieval law adopted Roman aspects of inheritance only partially. The estate had being passed tacitly by a common property principle from generation to generation. There was apparently no requisiteness of any regulations. The plausibility of property succession to any beneficiary had been introduced with an advancement of individual ownership. The social need of regulation appeared according to developing trade and crafts which had been professed, that might be mentioned particularly within a context of law of towns. The Law of succession passed through the comprehensive change during the 18th century in pursuant to a new civil codification in semblance of Austrian General Civil Code (ABGB) published in 1811. The General Civil Code (by original German title Allgemeines bürgerliches Gesetzbuch für die gesammten Deutschen Erbländer der Österreichischen Monarchie, with contraction ABGB) had occurred a fundamental of civil law in the Habsburg Monarchy for nearly all 19th century. The forenamed act had been declared due to Austrian monarch František I. on June 1st in 1811 by the imperial patent no.946 Coll. with sphere of authority in all countries of the Austrian Empire excepting Hungarian Crown Lands. The first Republic of Czechoslovakia assumed this statute. Although a majority of aspects had been converted in the years 1950 and 1964, durative force maintained until 1965, when the new Labour Code was adopted. The Code perpetuated Roman traditions and also comprised iusnaturalism conception. The Law of succession has been inserted in ABGB into chapters 8-16 including sections 531-858. |
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