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Substitude alimony in theory and in practice
Lazurová, Irena ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Substitute maintenance in theory and practice Abstract The author of the present work focuses on a new social security benefit that expanded the state social welfare system starting from 1 July 2021. Substitute maintenance is a blanket benefit intended to cover the costs of maintenance and care of dependent children for whom maintenance responsibilities arising from a court decision have not been properly fulfilled. In addition to presenting a new public-law institute in the context of its historical roots and ways in which it is projected into the valid legal order of the Czech Republic, this work also aims to assess the degree of state interference into the private-law sphere of family rights. The introduction and the first part of the text focus on introducing maintenance responsibilities of parents towards children with an emphasis on the consequences of failure to pay maintenance. The author provides a detailed analysis of the issue of interest accrual on maintenance in court practice. The second part of the text presents the new legislation of substitute maintenance and takes an excursus into the history of the issue. This is followed by an analysis of Slovak legislation in the field. Part four of the text deals with impacts of substitute maintenance on selected legal areas and on the practice of the...
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The issue of advance maintenance
VLČKOVÁ, Věra
The issue of advanced alimony has been a much-discussed issue in the Czech Republic for more 15 years. The main goal of my thesis is to find out what impact the new noninsurance social benefit replacement alimony will have on recipients and and evaluation of actual alimony enforcement tools. In the theoretical part I deal with the delimitation of key concepts that serve to orient and grasp this social benefit. Within the framework of my research I deal with issues of the need to draw benefits from the system of state social support, the effectiveness of the announced offered assistance of the state, the payout agenda assessing the effectiveness of already existing enforcement tools. Due to the nature I chose qualitative research. A comparative method based on the analysis of data collection was used in the work, where the method of questioning and the semistructural interview technique were used to obtain outputs. The research sample was selected using a combination of contrast method and intentional selection in an ultimate number of 8 communication partners. The obtained data was processed by coding into categories. Research analysis shows that these communication partners welcome the idea of the adopted law and are going to claim this benefits. However, the effectiveness of this benefit fades into background as the duration of this benefit payment is limited to a period of two years. Aid set up in this way is a short-term solution and it is not a way out for the future. The vision of this social benefit, which will take effect on July 1st, 2021, already now shows shortcomings. Especially that it is not intended only for dependent children living in a very low-income families. This is an untested benefit and at the same time the child's income which will be included in the family's decisive income for the assessment of other claimed benefits which it may reduce. A targeted benefit for these families would be more effective and efficient than the aid announced this way. Current instruments of alimony enforcement have proven to be inefficient. Nor will the state be in a better position to recover these claims.
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Economic and social impacts of non-payment of alimony in legal theory and practice
Prachařová, Petra ; Pikola, Pavel (advisor)
Bachelor thesis will deal with the maintenance obligation of a parent to minors, that the first results of the Civil Code and later at the initiative of one of the parents addressed by the decision of the Court. The first part will explain the concept of non-payment of alimony, a glossary and its legislation. It will also indicate what impact can have and in most cases a failure to pay maintenance for a minor child and an authorized person. What financial and social problems they face this family and how complex and difficult situation for this family it is. And will also include options identify the beneficiary in the recovery and acquisition amounts due.
It will also mention the earlier arrangement for the payment of maintenance replacement states that it subsequently exacted after the compulsory allowing authorized person and the minor child not suffer financially. The aim of this work will highlight solutions to the economic situation of these families in the form of re payment of maintenance replacement state.
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