Autonomie vůle zůstavitele podle občanského zákoníku z historické perspektivy
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Autonomy of will is a key principle of law of succession as it enables to choose testator's successor more properly, thus ensuring preservation and further development of values created. There were plenty of such institutes in Roman law; subsequently, civil codes in continental Europe has taken it over. In Czechoslovakia 1950 -1989 (in fact up till 2013), many of these institutes were abandoned, restricted, or distorted, some of them fell into oblivion and there is no case law nowadays (e. g. Falcidian quarter). Most researchers are dealing the problem merely in regard of current law - that renders their results insufficient. Members of the research team are due to their experience able to get contemporary legal practice acquainted with well-developed Roman case law in the area. Thanks to their knowledge of German, they can analyze further development of these institutes in civil codes that influenced the New Czech Civil Code most (i. e. esp. ABGB, BGB, ZGB). The project aims to identify problems, which may occur with the new legislation; to find solutions of them; and to avoid them.
- 15 × 21 cm