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The Best Interest of the Child (especially in connection with Interim injuction)
Brejša, Jakub ; Hendrychová, Michaela (advisor) ; Lederer, Vít (referee)
The Best Interest of the Child (especially in connection with Interim injunction) Abstract The topic of this thesis is the issues of minor children, who must enjoy increased legal protection due to their age, immaturity, dependence on parents, etc. For this reason, the topic of this thesis will focus on the principle of the best interests of the child. This issue of minors is explained not only in terms of constitutional order and legal regulations in the Civil Code, but also in terms of civil procedural law, the Act on Special Judicial Procedures and the Act on the Social and Legal Protection of Children. The work focuses mainly on the institute of preliminary measures, the purpose of which is to provide protection for the vulnerable child in cases where, for various reasons, it is not possible to wait except for the issuance of a substantive decision on the merits, resp. it is obvious that waiting for the decision of the court on the merits would be contrary to the interests of the child, who found himself in need for some reason, and his best interests are thus endangered. The aim of this thesis is to explain the topic of the best interests of the child, especially in connection with Interim injunction. An interim injunction is intended to provide immediate protection to a child in need, a weaker article...
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Denial of Paternity - the Interests of a Child and its Social and Biological Reality
Brejša, Jakub ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The topic of this thesis is the denial of paternity - the interests of a child and its social and biological reality. The origin of this concept can be found in Roman law and its approach to the family. Although the institution of fatherhood is known since the ancient Rome, it is still a current topic. The aim of this thesis is to explain the topic of paternity denial from the child's point of view and its social and biological reality. Another topic mentioned is the paternity determination. "The mother is always certain" is a Roman-law principle, which founded the institution of parenthood. This principle and ascertained facts help to determine the paternity, which can be denied in the case of discrepancy of the ascertained facts. In the first chapter I am exploring the historical view of the parenthood - since the ages of Roman-law until the family law. The chapter begins with Roman-law conception of the family, which laid the foundations of today's understanding of family. Then I will outline the evolution of the examined topic using the Civil code and family law. In the second chapter I am evaluating the denial of paternity in cases when reasonable doubt of the correct law usage occurs. The third chapter is about proceedings dealing with the denial of paternity. The fourth chapter is the most...
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