Donation mortis causa and the right to a compulsory portion - current situation and de lege ferenda considerations
2021
Abstract
This paper pursues to reach two main goals. First, it tries to find a reasonable answer to a question of a potential conflict between donation mortis causa and the right of a forced heir to a compulsory portion in the context of Czech civil law.
Second, it seeks an optimal legislative solution to the question mentioned in the previous sentence. Although the submitted paper focuses primarily on the legal regulation in the Czech Republic, it might be useful even in Slovakia where the donation mortis causa is (yet) prohibited.
Whereas the first part of this text shall show which difficulties might be prevented by an optimally balanced legislation, the second part answers the question of what "an optimally balanced legislation" means.