The Falcidian Portion on the Territory of the Czech Republic
| Authors | |
|---|---|
| Year of publication | 2014 |
| Type | Article in Periodical |
| Magazine / Source | Zeszyty Prawnicze |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | ABGB (Austrian Civil Code) ; BGB (German Civil Code) ; Czechoslovak Civil Code of 1950 ; Czech Civil Code of 2012 ; Falcidian Portion (quarta Falcidia) ; Law of Succession ; Roman Law |
| Description | This article researches the embodiment of Falcidian portion in civil codes in the territory of the Czech Republic. Although Falcidian portion was a part of (Roman) law in Holy Roman Empire, it did not become a part of German civil codes (the Austrian ABGB, the German BGB), that were applied in the territory of the contemporary Czech Republic. After the establishment of Czechoslovakia, a new civil code was being prepared, but its enacting was prevented by the outbreak of the World War II. This code’s aim was to slightly modify the ABGB and Falcidian portion was not included there. After the onset of the communism, the ABGB was replaced by a new civil code in 1950, which, somewhat surprisingly, incorporated a legislation inspired by Falcidian portion, but a quarter represented a maximum possible extent of legacies, otherwise the legatee was considered being the heir. The so-called Socialist Civil Code of 1964 (in force till the end of 2013) simplified the legal regulation of the law of succession considerably and thwarted mortis causa acquisitions other than a testament; thereby any consideration of Falcidian portion became impossible. The Civil Code 2012 comes in force 1st January 2014 – as the first civil code in the territory of the Czech Republic – implements Falcidian portion in a manner principally corresponding to Roman law. |
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