SOC049 Law of Succession in the Middle-European Area

Faculty of Law
Spring 2022
Extent and Intensity
2/0/0. 6 credit(s). Type of Completion: zk (examination).
Teacher(s)
JUDr. Mgr. Radek Černoch, Ph.D. et Ph.D. (lecturer)
doc. JUDr. Ondřej Horák, Ph.D. (lecturer)
prof. JUDr. Kateřina Ronovská, Ph.D. (lecturer)
doc. JUDr. Pavel Salák, Ph.D. (lecturer)
Guaranteed by
doc. JUDr. Pavel Salák, Ph.D.
Department of the History of the State and Law – Faculty of Law
Contact Person: prof. JUDr. Ing. Michal Radvan, Ph.D.
Supplier department: Department of the History of the State and Law – Faculty of Law
Timetable
Mon 21. 2. to Fri 20. 5. Thu 14:00–15:40 302
Prerequisites
This course is suitable for students of law. There are no special requirements or prerequisites. Previous knowledge of Roman or civil law is of advantage, but not necessary
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 15 student(s).
Current registration and enrolment status: enrolled: 0/15, only registered: 0/15
fields of study / plans the course is directly associated with
Course objectives
The course is focused on these institutes of the law of succession, which are manifestly connected with the testator’s will. The course builds on historical basis of Roman law and compares the institutes of the current Czech Civil Code with the most influencing civil in Europe (Austrian ABGB, German BGB, Swiss ZGB, French CC, Italian CC), historical Czechoslovak regulation (Czech civil codes 1950,and 1964, Draft of Civil Code 1937) and other Middle-European civil codes (Polish, Hungarian, Draft of Slovakian Civil Code).

At the end of the course, student should be able to:
Understand the influence of legal regulation of the law of succession upon its practical importance
Analyze legal regulation of particular institutes and its impact
Examine various approaches to the law of succession
Compare hte legal regulation of the law of succession in the Middle Europe
Learning outcomes
At the end of the course, students will be able to:
- Identify and describe the consequences of the principles of the law of succession
- Compare the institutes of the law of succession from the historical point of view
- Describe basic congruences and differences of the law of succession in Czech republic, Slovakia, Austria, Poland, Hungary and Germany
Syllabus
  • 1. Private Law in 19th–21st Century
  • 2. Principles of the Law of Succession
  • 3. Basic Characteristics of the Law of Succession in the Communist Era
  • 4. Formal Aspects of Testaments
  • 5. Extraordinary Testaments
  • 6. Contents of Testaments
  • 7. Legacy or Heir of Individual Thing?
  • 8. Falcidian Portion
  • 9. Intestacy and Forced Heirship
  • 10. Contract of Succession
  • 11. Trust-like Institutes
  • 12. European Law of Succession
  • 13. Summary
Literature
    required literature
  • SALÁK Pavel, HORÁK Ondřej et al.. Law of Succession in the Middle-European Area. 1. vyd. Cracow: Spolok Slovákov v Poľsku – Towarzystwo Słowaków, 2015. 166 p. ISBN 978-83-7490-848-1.
    recommended literature
  • LONGCHAMPS DE BÉRIER, Franciszek. Law of succession : Roman legal framework and comparative law perspective. 1st ed. Warszawa: Lex, 2011, 289 s. ISBN 9788326414688. info
Teaching methods
Interactive lectures – lectures with discussion
Assessment methods
Active participation in lectures – seminar paper and its defence or written test
Language of instruction
English
Further Comments
Study Materials
The course is taught annually.
The course is also listed under the following terms Spring 2018, Spring 2019, Spring 2020, Spring 2021, Spring 2023, Spring 2024, Spring 2025.
  • Enrolment Statistics (Spring 2022, recent)
  • Permalink: https://is.muni.cz/course/law/spring2022/SOC049