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Marriage from the point of view of civil and canon law
Procházka, Petr ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
1 Název práce v anglickém jazyce Marriage from the point of view of civil and canon law Abstract Marriage is an important legal institution that affects a large number of the population. Marriage as we know it today evolved out of church marriage, and it is not only because of this that the two types of marriage that exist side by side with mutual respect for each other today are very similar in many ways. The purpose of this study is to describe and analyse the two types of Marriage, compare them to each other, and make comparisons with a focus on the variations between the two marriages. The objectives and purpose of the study are stated in the Introduction and the success of the objectives in the Conclusion. In the first part (chapters 1 and 2), the author focuses exclusively on civil marriage, from its historical development and legal sources, through the phase preceding the formation of marriage and the wedding ceremony representing the creation of marriage, to its dissolution. A significant part is also dedicated to the procedural aspects of divorce procedure, which represent a completely special type of civil procedure. The second part of the work, consisting of Chapters 3 and 4, deals with marriage under canon law. The content the second part of the study corresponds to the first part of the work,...
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Interest of the child and divorce of parents in Czech and Norwegian law
Andršová, Petra ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Interest of the child and divorce of parents in the Czech and Norwegian Law Abstract The aim of this rigorosum thesis is to describe, analyze and compare current legislation of divorce of marriage in families with under-aged children, parental responsibility after divorce, and individual post-divorce living arrangements in the Czech Republic and Norway. The thesis defines the best interest of the child and evaluates how it is perceived, met and protected during the divorce in the Czech and Norwegian legislation. It further covers the role and competence of the child protective services in both countries. The thesis is divided into seven sections. The first section is dedicated to the concept of legislation of divorce in families with children and their protection. The second section covers the key terminology of the thesis - the best interest of the child and child welfare. The third, main section of the thesis describes and analyzes individual criteria, which are decisive for the regulation of the circumstances of a child during the divorce of marriage. The chosen division of the thesis reflects the judicature of the Czech Constitutional Court and individual criteria are completed by the judgements of the European Court of Human Rights. The fourth section of the thesis deals with parental responsibility...
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Divorce proceedings
Malý, Miroslav ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Proceedings on marriage divorce This diploma thesis describes the proceedings on marriage divorce. I chose this topic because I consider it up-to-date and practical, in particular taking into account that nowadays almost every other marriage ends with divorce. The thesis aims to explain and analyze the legal regulation of this institute. The proceedings on divorce are currently regulated by provisions of the Act No. 292/2013 Coll., on Special Judicial Proceedings (and previously regulated Act No. 99/1963 Coll., the Civil Procedure Code) adopted within the process of recodification of the private law in year 2014 which also included adoption of the Act No. 89/2012 Coll., the Civil Code that stipulates legal conditions of marriage divorce with respect to the substantive law. The thesis is divided in four chapters. I believe that this structuring is important for comprehensive understanding of this institute. The introductory chapter defines the basic concepts that are fundamental to the subject of this thesis, i.e. the concept of marriage and divorce. This chapter also contains current legal regulation of divorce proceedings in the historical context. The second chapter describes marriage divorce with respect to the substantial law. It analyzes the substantive conditions of marriage divorce and...
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Divorce of marriage and its impact on the education of dependent children
VITHOVÁ, Jana
Divorce rate in the Czech Republic is high. In 2013 an increase of the number of divorces was recorded in comparison to the previous year 2012. A total of 27 900 marriages were divorced in 2013. Majority of which had underage children. Marriage divorce is one of the most stressful things in the life of a human being and is the consequence of long crisis in the marriage. Common cause of this crisis are different personalities, opinions and interests, cheating, alcoholism or lack of interest in the family. Divorce is a difficult time for parents and thein children and its consequences are manifested in everyday workings of the family. This work is divided into theoretical and practical parts. Theoretical part explains the basic concepts, for example: divorce of a marriage and its causes, legal interventions of divorce and situation of minors after the divorce, for example: exclusive single parent care, both parent care, alternating care. Following this the work deals with children's communication with the second parent, classmates, friends; Their school results and the change in their behaviour and behaviour disorders after the divorce. Practical part consist of determination of main and secondary target, description of chosen research process its methods and technique.The practical part contains a truncated form of reports on the results and the conclusion with recommendations for practical use. Main aim of this work was to find out how parents percieve consequences of divorce on the upbringing of their underage children. Secondary's part aim was to find out which parts of child raising were affected the most by the divorce. Thesis was processed by the qualitative research form. Questioning method was also used with the semi-structured conversation. Research file was created from five divorced marriages with underage children, which lived through divorce proceedings and at least a year passed. In the scope of the research it was found out, that parents perceive the consequences of the divorce on the upbringing of their children and that they try to minimise said consequences. It was also found out which areas of child raising the divorce effects the most. With this the main and secondary goal was fulfilled. This bachelor's thesis could be used as a theme for this subject in the form of quantitative research. The results could then be transferred to the general plane.
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