National Repository of Grey Literature 248 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Legal status of a child after break-up of their parents
Horváthová, Sylvie ; Frintová, Dita (advisor) ; Hendrychová, Michaela (referee)
Legal status of a child after break-up of their parents Abstract The goal of this thesis is to thoroughly elaborate about possible arrangements of situation of a child after the break-up of their parents, with focus on specifics of joint custody. The aim is also to critically evaluate corresponding practices of the Czech Constitutional Court and to put current legal regulations into historical and comparative context. The topic of this diploma thesis is legal status of a child after break-up of their parents. It is focused both on children of married and unmarried parents. An extra chapter about legal status of children from atypical families is also included, which addresses unusual legal positions of children of same-sex parents, children born via surrogacy and children raised by foster and adoptive parents. In the first chapter the marriage, cohabitation and differences between these two is discussed. A brief description of how the law in question evolved is included as well. The interest of a child is also characterized, as it is the primary consideration when (not only) courts are deciding about children. Third chapter covers parental responsibility. The following part is mostly focused on the topic of custody including an overview of the historical context. In this part, forms of custody and their...
Intercounty adoption
Abdualkarim, Lucie ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Intercountry adoption Abstract Intercountry adoption is a global phenomenon. The countries of origin, children adopted abroad mostly come from, have a lot in common. Intercountry adoption comes about only if the child cannot be adopted in the country of origin because of the principle of subsidiarity. That is why it is important to consider, which conditions cause impossibility of domestic adoption and try to eliminate these conditions, as well as conditions causing leaving a child. It is a fight against poverty, drug addiction, alcoholism, insufficient funding of social and legal care of children or racism, like in the Czech Republic, where mostly children of Roma ethnics, whom Czech applicants for adoption do not want to adopt, are adopted abroad. The countries of origin have these social conditions (and others) in common. High number of children adopted abroad is a sign of a certain dysfunctions in the society. In the Czech Republic, Office for Legal Protection of Children with its registered office in Brno is a central body arranging intercountry adoption within the meaning of Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption. Intercountry adoption means a possibility of growing up in a family to a child, so the cooperation of international community in this area...
Intercounty adoption
Abdualkarim, Lucie ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Intercountry adoption Abstract Intercountry adoption is a global phenomenon. The countries of origin, children adopted abroad mostly come from, have a lot in common. Intercountry adoption comes about only if the child cannot be adopted in the country of origin because of the principle of subsidiarity. That is why it is important to consider, which conditions cause impossibility of domestic adoption and try to eliminate these conditions, as well as conditions causing leaving a child. It is a fight against poverty, drug addiction, alcoholism, insufficient funding of social and legal care of children or racism, like in the Czech Republic, where mostly children of Roma ethnics, whom Czech applicants for adoption do not want to adopt, are adopted abroad. The countries of origin have these social conditions (and others) in common. High number of children adopted abroad is a sign of a certain dysfunctions in the society. In the Czech Republic, Office for Legal Protection of Children with its registered office in Brno is a central body arranging intercountry adoption within the meaning of Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption. Intercountry adoption means a possibility of growing up in a family to a child, so the cooperation of international community in this area...
Restitutional disputes under Act 229/1991 Coll.
Hubl, David ; Sedláček, Miroslav (advisor) ; Hendrychová, Michaela (referee)
This diploma thesis deals with the issue of restitution disputes according to Act No. 229/1991 Coll. on the regulation of ownership relations with land and other agricultural property. The reason for this topic was the experience of the author of the diploma thesis on restitution disputes, scope and judicial jurisprudence dealing with this issue. The thesis deals with the procedural aspects of restitution disputes, as well as with the substantive law-making aspect of both legal regulation and rich judicial jurisprudence. The diploma thesis systematically describes the most important types of restitution disputes - disputes about the restitution of original removed real estate, disputes about the existence of claims of entitled persons to compensation for immovable properties which can not be restituted, disputes about the correct value of claims of authorized persons and disputes about the grant of specific substitute real estates owned by the Czech Republic as a replacement for real estate that can not be restituted. The work emphasizes the breakthrough and current judicial jurisprudence of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. In the thesis, the author considers the importance of this case law and gives the case law a connection with the...
Law of lien in historical retrospection (especially in real estate matters)
Dušek, Petr ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Law of lien in historical retrospection (especially in real estate matters) Abstract The diploma thesis deals with the historical development of the lien law. The introduction to the issue is devoted to the roman law concept of lien law, as a basic principle of its later formation in central Europe and also in the territory of Bohemia. The following text deals with the right of lien in central Europe from the earliest times to its modification influenced by the reception of roman law with the brief excursion to the reception of roman law. At this point, the reader can recognize a very similar, but somewhat independent, development of lien in central Europe and roman law at the beginning of its development and its stagnation in central Europe. It follows a more detailed analysis of the lien in the Czech lands until the beginning of the 19. th century when the modern civil code of the AGBG began to apply to the territory of most of the Habsburg monarchy (Cislaitania). Subsequently the author of the thesis focuses on the legal regulation of pledge law contained in the AGBG, and also by the draft civil code of 1937 to replace the AGBG. The legal regulation of lien was split into AGBG in several parts of the code, the 1937 proposal corrected this deficiency and made the whole regulation of lien easier to...
Legal status of a child after break-up of their parents
Horváthová, Sylvie ; Frintová, Dita (advisor) ; Hendrychová, Michaela (referee)
Legal status of a child after break-up of their parents Abstract The topic of this diploma thesis is legal status of a child after break-up of their parents. It is focused both on children of married and unmarried parents. An extra chapter about legal status of children from atypical families is also included, which addresses unusual legal positions of children of same-sex parents, children born via surrogacy and children raised by foster and adoptive parents. In the first chapter I discuss the marriage, cohabitation and differences between these two. A brief description of how the law in question evolved is included as well. Second chapter covers parental responsibility. The following part is mostly focused on the topic of custody including an overview of the historical context. In this part, forms of custody and their specifics are described and an overview of interpretation issues resulting from regulations and laws is given. The section is also supported by findings from the field of psychology regarding forms of custody with focus on joint custody and parent alienation syndrome. A section about child perception of a divorce is also included. Next chapter depicts visitations between a child and their parents and also between the child and other persons. The interest of a child is also characterized, as...
Marriage compared to unmarried cohabitation
Šprinclová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Marriage compared to unmarried cohabitation Abstract The purpose of my thesis is to compare a marriage and an unmarried cohabitation from the point of view of the family law of the Czech republic. Besides introduction and conclusion, this thesis consist of seven parts. The first part characterizes terms. The first chapter describes the term "family" - the first chapter analyzes the case law of the European Court of Human Rights and the case law of the European Court of Justice related to the right to family life and the right to privacy. The term "family" is further characterized by the professional literature and by the sociologist. The first chapter describes the historical evolution of the family and the current concept of the family. Chapter two describes the term "marriage" a the term "unmarried cohabitation", chapter three describes the evolution od family law. Part two focuses on the beginning of marriage and the beginning of unmarried cohabitation. The first chapter describes the historical evolution of the marriage and the unmarried cohabitation, chapter two compares the beginning of marriage and the beginning of unmarried cohabitation (in the narrow sense). Consequences of marriage and unmarried cohabitation are described in the third chapter and the chapter four deals with objectivity and...
Time and its reflection in law
Bernklau, Petra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Time and its reflection in law This diploma thesis deals with the reflection of time in law. The goal is to capture how time is projected into civil law in regard to the applicable legislation. The thesis is divided into eight chapters, first four of them being general treatises, starting with the fifth chapter and continuing further, all of them are focused on specific one law institution related to time. In the first, general chapter time is defined as a legal event, the difference between time and period is discussed, mandatory principles for this legal area are mentioned, such as principle vigilantibus iura scripta sunt or the principle of honesty. In the part that focuses on specific institutions, are gradually discussed the terms limitation (weakening of a right), lapse (extinguishment of a right), prescription and determination of time. The principle of each institution is discussed first, followed by its characteristics, the difference between the specific institution and other institution and its role in the life of adressees of legal norms. The most thoroughly discussed is the term of limitation with the accent on the essence of this institution, followed by its legal construction, characteristical signs, consequences of vain expiration of the limitation of time, the group of laws that...
An Author's Right in the Information Society and Across the Internal European Union Market
Mikita, Peter ; Kříž, Jan (advisor) ; Srstka, Jiří (referee) ; Hendrychová, Michaela (referee)
Copyright law is a special category of civil law which, with the upswing of the Internet, has become important for different types of stakeholders in the global information society. The 'participative web' operates with content generated by users. This user-generated content has often disputable origins in terms of copyright clearance. The Internet has opened the possibility for developing new forms of communication between anonymous or individual users who are not easily identifiable. Especially peer-to-peer file sharing and recently the information services offered and operated by the so-called 'cyberlockers' are the reason of questioning the role of copyright protection online which needs a beneficial solution. Copyright infringement in the era of information society is a complex phenomenon with a multiplicity of contributing factors like the importance of information data with big business potential, personal attitudes shown by internet users towards the value and scarcity of intellectual property, or legal responsibility of internet service providers (ISP) who paradoxically act from the safety of the so-called safe harbours as intermediaries of information exchange, representing a new element in the communication chain between rights holders and users. Commercial and business models operating...
Perspectives of out-of-court settlement of family (civil) disputes in the Czech Republic
Vaňková, Eva ; Elischer, David (advisor) ; Hendrychová, Michaela (referee) ; Spoustová, Ivana (referee)
Perspectives of out-of-court settlement of family (civil) disputes in the Czech Republic Abstract The dissertation thesis focuses on the latest instruments of out-of-court dispute resolution in the Czech Republic. I explain the concept of ADR, which traditionally involves reconciliation, mediation, and arbitration, and I outline other possible methods emerging from innovative approaches to working with families. The dissertation thesis focuses on the right of collaboration (CL/CP method) and complementary and integrative practice in the sphere of private law. I analyze the approaches of the German "Cochem model" promoted by the Office for International Legal Protection of Children, and I present an example of good practice at the District Court in Nový Jičín. I analyze these methods of out-of-court dispute resolution from the point of view of current legislation in the Czech Republic, and I note the influence of international documents on their existence and application in practice. I consider the role of law and lawyers in solving family disputes and, above all, the importance of new legislation of private law in out-of-court dispute resolution. I address the issue of the need for public power to intervene into family life in cases of children at risk due to parental conflict as well as the role of bodies...

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