Protection of a forced heir and his disinheritance

- Protection of a forced heir and his disinheritance Forced heir is a close relative of testator, who is provided by law with the privilege to be involved in estate in the extent to which the law determines even against the will of the testator. The testator is allowed to exclude this right of forced heir only by dishereditance. The purpose of this thesis is to comprehensively describe issues of forced heir, their protection and dishereditance. In my thesis I highlight the changes arisen due to the new Civil Code but I also deal with the features of these institutes which were not affected by new concept and previous jurisprudence of higher courts can be used. The thesis is composed of five chapters. In the first chapter I shortly define the term forced heir and dishereditance. Because the regulation of forced heir and dishereditance is very traditional in European law, in the second chapter I provide the historical background and development of these institutes. I describe rights of close relatives of testator in ancient Rome, the Middle Ages, and also in Civil Codes which come into existence in last century, but I focus mostly on Common Civil Code of 1811. Current Czech legal regulation of forced heir and dishereditance is divided into third and fourth chapter because of clear arrangement. In the..