Protection of a forced heir and his disinheritance

- Protection of forced heir and disinheritance The purpose of this thesis is to describe the current legislation concerning protection of forced heir and disinheritance and to highlight the recent and most important changes. The protection of forced heir shows intergenerational solidarity in law of succession opposed to another basic principle of law of succession - decedents autonomy of will. The institute of forced heir grants right to inherit a forced share to descendent's children in case the descendent forgets to include them in his disposition mortis causa. Disinheritance is the only legal option to break the protection of forced heir. The descendent might, only in compliance with the conditions set by the civil code, deprive the forced heir of his right to inherit the forced share completely or partially. The thesis is composed of five chapters. Chapter One introduces the basic terms, such as protection of forced heir, disinheritance and the institute of incapacity to inherit as one of the reasons for disinheritance. Chapter Two is subdivided into five parts and provides the historical background and development of the institutes of forced heir and disinheritance. Each part concentrates on different period, starting at legislation in ancient Rome and Common Civil Code through Czech Civil Code..