Dědické právo let 1948-1989 optikou práva římského
| Title in English | Law of Succesion in the Years 1948-1989 focused by Roman Law |
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| Authors | |
| Year of publication | 2012 |
| Type | Article in Proceedings |
| Conference | Dny práva 2011 – Days of Law 2011 Ovlivňování sféry soukromého práva právem veřejným v minulosti |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Roman Law;Decedent’s Estate;Testament;Intestate Sucession;Legacy;ABGB – Austrian Civil Code 1811;Middle Civil Code 1950;Socialist Civil Code 1964;Communism |
| Description | As an example of public law influences upon private law we can take the legal regulation of the law of succession between 1948-1989 on the territory of Czechoslowakia. We can see this influence on the relation of these years codifications to the Roman law. Many institutesof civil law were developed in Roman law, that are used for modification on the will of testator / e. g. substitution of heirs, condition in testament, legacy/. We can find the same institutes in ABGB /Austrian civil code 1811/ and in never realized Proposal of Czechoslowak Civil Code 1937. In the year 1948 the political situation in Czechoslowakia changed. The Communists usurped the power in the state. Unlike in capitalism the communists did not respect the private ownership but they prefered collective ownership. New legal regulation presented by Act No. 141/1950 Coll./Civil code 1950/ corresponded to these ideas. In the structure of the code, the regulation of law of succession was torn away from the rights in rem and was situated behind the law of obligation. This symbolized the preference of family relations over the will of testator and cumulation of the estate. The main differences between comunists law compared to the Roman law was the preference of intestate sucession over the testament. The conditions in the testament and legacy were no more valid /except collation/, the falcidian quarter was in adverse position – all legacies together could not represent more than one quart of the estate. The Civil code 1964 /Act No. 40/1964 Coll./ went more further – abrogated the institute of legacy and also the possibility of heir s substitution. By this regulation the testament became de facto not binding – the treaty of heirs is essential for inheritance. This code is still in force, and the novelization after the year 1989 did not change the comunists character of the regulation of law of succession. The result of this legal regulation is forced co-ownership, especially concerning the real estates. |
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