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Divorce in Czech and French law
Mrázek, Miroslav ; Hendrychová, Michaela (advisor) ; Elischer, David (referee) ; Spoustová, Ivana (referee)
This doctoral thesis deals with one of the key institutions of Czech and French family law, divorce. Divorce is not merely a concept from some legal textbook. The specific fate of spouses, and even entire families, are tied up with it. This comparative study of Czech and French divorce law is divided into five main chapters and a statistical excursus. This thesis first discusses the historical and legal developments for ending a marriage, i.e. divorce, in both countries. This is followed by an analysis of the current substantive and procedural aspects of divorce in the Czech Republic. The focus of the work is an analysis of both procedural and substantive reform of divorce law in France and its fundamental differences from Czech divorce. Subsequently, it examines the consequences of divorce, possible future Czech legislation dealing with divorce and the innovations included in the French divorce law. The work ends with a presentation of relevant statistical data. The theoretical analysis of the institute of divorce is accompanied by practical examples of legal cases, current case law, conceptual solutions from specialists in the field of family law, as well as assessments from the author of this thesis.
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The relationship of parents to minors with regard to the specifics of domestic violence
Spoustová, Ivana ; Elischer, David (referee)
The dissertation thesis "Relationship of parents to minors with regard to the specifics of domestic violence" focuses in particular on judicial proceedings in cases of custody of minors where family relationships are affected by domestic violence. It attempts to explain why it is necessary for the courts to take into account this fact and to adopt such measures within their decisions to provide sufficient protection to persons at risk and at the same time to stop violent behaviour. Domestic violence as a dangerous social phenomenon is described in detail; information on its individual appearances and forms is brought; briefly mentioned are also other scientific disciplines whose knowledge is important not only for the recourse of offenders and the protection of victims but also for creation of a strategy of effective prevention. Negative impacts on mental state of minors are stressed, who must be viewed in all cases of domestic violence as its victims, i.e. also when the violent behaviour is not immediately directed against them. The thesis brings interpretation of the current legislation with reference to the most important changes in the legislation in the last decade. Last but not least, measures de lege ferenda are proposed the implementation of which could contribute to eliminating this...
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Guardianship and other forms of care of minors
Fidrmucová, Anna ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee) ; Spoustová, Ivana (referee)
Guardianship and other forms of care of minors Abstract The objective of this thesis is to analyse the legal possibilities in problematic situations when parents are not capable of caring for their children due to objective or subjective barriers on their sides. These possibilities are enshrined in the second part, Title III., § 928 - § 975 of the Civil Code of the Czech Republic. In order to derive recommendations for the Czech legal system, particularly with regard to the work overload of judges for minors in the Czech Republic, these regulations will subsequently be compared to the legal situation in France which is mainly determined by the Code civil and the Code de l'action sociale et des familles. The comparison namely includes critical juxtapositions of tutorship, curatorship, entrusting a child to the care of another person, foster care and placing a child in the children's home. Hereby, the content, purpose and requirements of the legal bases for these areas in both countries are presented and contrasted. Thus, the differences are highlighted, evaluated and analysed with regard to the effectiveness and the level of protection of rights which is assured in the countries. This thesis is divided into fourteen chapters, starting with the first two chapters covering the topics tutorship and curatorship...
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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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Divorce in Czech and French law
Mrázek, Miroslav ; Hendrychová, Michaela (advisor) ; Elischer, David (referee) ; Spoustová, Ivana (referee)
This doctoral thesis deals with one of the key institutions of Czech and French family law, divorce. Divorce is not merely a concept from some legal textbook. The specific fate of spouses, and even entire families, are tied up with it. This comparative study of Czech and French divorce law is divided into five main chapters and a statistical excursus. This thesis first discusses the historical and legal developments for ending a marriage, i.e. divorce, in both countries. This is followed by an analysis of the current substantive and procedural aspects of divorce in the Czech Republic. The focus of the work is an analysis of both procedural and substantive reform of divorce law in France and its fundamental differences from Czech divorce. Subsequently, it examines the consequences of divorce, possible future Czech legislation dealing with divorce and the innovations included in the French divorce law. The work ends with a presentation of relevant statistical data. The theoretical analysis of the institute of divorce is accompanied by practical examples of legal cases, current case law, conceptual solutions from specialists in the field of family law, as well as assessments from the author of this thesis.
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The relationship of parents to minors with regard to the specifics of domestic violence
Spoustová, Ivana ; Hendrychová, Michaela (advisor) ; Radvanová, Senta (referee) ; Voňková, Jiřina (referee)
The dissertation thesis "Relationship of parents to minors with regard to the specifics of domestic violence" focuses in particular on judicial proceedings in cases of custody of minors where family relationships are affected by domestic violence. It attempts to explain why it is necessary for the courts to take into account this fact and to adopt such measures within their decisions to provide sufficient protection to persons at risk and at the same time to stop violent behaviour. Domestic violence as a dangerous social phenomenon is described in detail; information on its individual appearances and forms is brought; briefly mentioned are also other scientific disciplines whose knowledge is important not only for the recourse of offenders and the protection of victims but also for creation of a strategy of effective prevention. Negative impacts on mental state of minors are stressed, who must be viewed in all cases of domestic violence as its victims, i.e. also when the violent behaviour is not immediately directed against them. The thesis brings interpretation of the current legislation with reference to the most important changes in the legislation in the last decade. Last but not least, measures de lege ferenda are proposed the implementation of which could contribute to eliminating this...
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