CZECH INHERITANCE LAW AND THE SIGNIFICANCE OF TRADITION
Main Article Content
Abstract
The article deals with the importance of the Czech-Austrian legal tradition in Czech inheritance law, particularly with the inter-war recodification (1920–1938) and the contemporary literature. In the first
part it analyses the inspirational sources of new inheritance law in general. Next part describes the course of the recodification works in the inter-war era. The third part of the article analyses the scope and particular form of the First Republic inspiration. The last part describes personalities and literature of inheritance law until the middle of the 20th century. The last recodification of Czech private law (2000–2012), finished by issuance of the new Civil Code (Act No. 89/2012 Sb.), built on the Czech-Austrian legal tradition represented by the interwar proposals from 1931 and 1937. The comparisons suggest that the recodification of inheritance law followed a super revision proposal (1931) even more than the government bill (1937), in some institutes it coincides with the (West) Galician Civil Code (1797), which became the direct precursor of the General Civil Code – ABGB (1811).
Article Details
Copyright and originality of the offered manuscript
1. It is assumed that the manuscript offered has not been previously published. It is expected that the authors will inform the editorial board of TLQ if the entire manuscript, its parts or some relevant results have been previously published in a different publication at the level of an article in a reviewed scientific magazine or monograph. Should the editorial board of TLQ conclude that this condition was not fulfilled the review process may be terminated.
2. It is assumed that the submitted manuscript is an original academic work. If that is not the case the author needs to provide information regarding all circumstances that could raise doubts whether the manuscript is the outcome of original research.
3. By submitting the manuscript the author acknowledges that after the publication in The Lawyer Quarterly her/his work will be made available online to the Internet users and also kept by the Library of the Academy of Sciences of the Czech Republic. Author's rights to further use the work remain unabridged.