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Matrimonial property regimes in Italian and Czech law
Ferencová, Eliška ; Hendrychová, Michaela (referee) ; Salač, Josef (referee)
Matrimonial property regimes in Italian and Czech law Resumé This master thesis deals with matrimonial property regimes under the Italian Civil Code and the Czech Civil Code. This issue is significant not only from the perspective of spouses and their families, but also important for everybody who makes contract with a spouse. The purpose of this thesis is to analyse and compare Italian and Czech provisions related to marital property regimes and to point out similarities and differences between them. This thesis consists of an introduction, three parts that are further divided into chapters and a conclusion. The first part is an analysis of Italian provisions. It deals with the fundamental principles of the Italian legal system and matrimonial property regimes as codified in the Codice civile. First of all, it examines statutory community of property, marital assets (marital property, deferred community of property and liabilities), personal property and also deals with mandatory rules of the management of marital assets. Then it deals with contractual regimes, namely the separation of property, the property fund and other marital and prenuptial agreements. Subsequently, it examines the termination of community of property and the division of marital assets. The second part concerns the Czech provisions...
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Rights and responsibilities of fosterparents
Borecká, Martina ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Diese Arbeit beschäftigt sich vor allem mit dem Thema der Pflegschaft, sowie mit den anderen Formen der Pflege um das Kind. In der Arbeit werden die Entwicklung und die rechtliche Regelung der Pflegschaft behandelt. Die Entstehung der Pflegeförderung tritt auf, wenn die leiblichen Eltern gehindert sind, sich um ihr eigenes Kind kümmern zu können. Diese Hindernisse können kurzfristiger oder dauerhafter Natur sein. Die Pflegschaft kann in die individuelle Pflege und Gruppenpflege unterteilt werden. Ein Beispiel für die Gruppenpflege sind die SOS-Kinderdörfer. Wenn das Kind einer fremden Person anvertraut wird, steht am Anfang des ganzen Prozesses die Eintragung des Antragstellers in das Register, weiter folgt die Phase der Vorbereitung und dann die Vermittlung der Pflege. Die Rechte und Pflichten der Pflegeeltern sind durch das Bürgerliche Gesetzbuch und durch das Gesetz über den Sozial- rechtlichen Schutz des Kindes bestimmt. Die Grundpflicht der Pflegeeltern sowie ihr Grundrecht bestehen darin, sich um das Kind so persönlich zu kümmern, dass es sich gut entwickelt. Die Pflegeeltern sind dazu verpflichtet, die leiblichen Eltern über die Entwicklung des Kindes zu informieren, denn über alle wesentlichen Dinge wird von den leiblichen Eltern entschieden, beziehungsweise, wenn das Kind kein Elternteil hat, vom...
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The rights of a child and duties of a parent
Carbolová, Zuzana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé This thesis, dealing with rights of a child and duties of a parent, is based on the fact that it is primarily the parents who have to fulfill their duties towards children while a child has primarily the right that a parent fulfills duties towards him. This condition is justified by the fact that children are in relation to adults, in this thesis towards parents, traditionally considered as a weaker "element". Because of that, the attention is firstly paid to the rights of a child in a wider context. In the very beginning we take into consideration a historical context of the child's rights development that shows the contrast between a premodern period when a child was considered as almost powerless and without rights and a "progressive " 20th century when a lot of international documents concentrate solely on rights of a child. As a follow-up to the child's rights development, the attention is aimed on explanation of the terms "best interests of the child" and "child's welfare". The thesis also deals with participatory rights in relation to the law court and in relation towards parents. Because the role of a family is very important in a development and education of a child, the thesis also focuses on juridical protection of the family and explains the term "family" in the European system of the...
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Right of Superficies and Different Possibilities of a Building Construction on Another's Land
Březina, Jan ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This Master Thesis deals primarily with the legal institute of the right of superficies. It also deals with some another legal institutes which can be used for a building construction on another's land. The Thesis' aim is primarily the analysis and evaluation of the effective legal regulation of the right of superficies and furthermore its comparison with historical regulations, with the Swiss regulation, as well as the comparison with another institutes which can be used for a building construction on another's land. The Thesis is divided into five chapters which are divided into subchapters. The first chapter defines the basical relevant terms which are important for understanding of the legal institute of the right of superficies. The second chapter is dedicated to the history of the right of superficies and introduces historical legal regulations of this legal institute. At first, the original Roman law institute of superficies is introduced, furthermore all the acts which governed the right of superficies in the history in the area of the Czech Republic are analysed, including the regulation of the proposed Czechoslovak Civil Code that never came into force. The attendance is dedicated also to the period when the right of superficies did not exist in the Czechoslovak or Czech legal order. The...
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Legal position of a child with regard to the right of participation (comparative study)
Müllerová, Michelle ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Legal position of a child with regard to the right of participation This thesis is constructed as a comparison of the legal position of a child in the Czech Republic and England. The aim is to discuss the rights of a child in general with special regard to his or her right of participation and to evaluate how the rights are respected in both states. This thesis mainly underlines the common aspects as well as the main differences in the legislation while suggesting some possible changes. After the introduction, there are four main chapters subsequently divided into subsections. The first chapter explains the terms "child" and "the best interests of a child". The concept of "the best interests of a child" is firstly discussed in accordance with the General Comments published by the Committee on the Rights of the Child followed by the explanation on how the legislation of the compared states understands this term. The second chapter discusses how the rights of a child developed in the last decades whereas the starting point from which we generally speak about children rights is the beginning of the 20th century. The most important international agreements are mentioned, for example the Geneva Declaration of the Rights of the Child of 1924, Declaration of the Rights of the Child of 1959, International...
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Determination of Paternity
Joštic Mrlinová, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
With the estabilishment of paternity sooner or later encountered almost every one of us. Although the paternity law and estabilishment of paternity is already known from the times of ancient Rome, it remains a relevant and contentious topic. The aim of this thesis is to comprehensively explore and explain the establishment and denial of paternity in the Czech legal system. The thesis is divided into eight chapters. The first chapter deals with the conceptualization of family and parenthood. It is necessary, because the current Civil Code contains these concepts. However, it does not define them. To further develop the thesis, it is therefore crucial to specify, what exactly those concepts mean within the Czech legal system. The first part of this chapter examines in detail the concept of family, in the second part is dealt with parenthood. In this context, it is illuminated exclusively legal parenthood and disputes between legal, biological and social parenthood. The second chapter focuses on the history of establishment and denial of parentage from the time of ancient Rome, through the period of General Civil Code (1811), the Law on the Right to Family (1949) to the Law on Family (1963). The second chapter is also divided into two sections, namely the historical development and establishing...
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Sufficiency of legislation on determination of child's origin?
Dvořáková, Veronika ; Hendrychová, Michaela (advisor) ; Frinta, Ondřej (referee)
This rigorous thesis deals with the issue of determining parenthood in connection with the child's right to know their origin. The basic question addressed by the present work is whether the old Roman principle of mater semper cert est, pater semper incertus es is still valid at present whether the child is guaranteed the right to know his / her origin. The main idea of the whole work is that the child should always be guaranteed the opportunity to learn about his / her background. The first chapter of this paper presents a brief introduction to Roman law. On the principles and foundations of Roman law stands the continental system of law, which is still based on its principles by the legislator. One of the basic postulates of Roman law is the principle of mater semper in iure certa est, the meaning of which is defined in this chapter. The second chapter deals with the issue of children's rights, especially about the child's right to know their origin. The third chapter already provides a detailed analysis of the current legal regulation of parental determination. This chapter of the thesis is followed by other chapters dealing with individual selected legal institutes, which find intervention in the child's right to know their origins and where the possibility of determining who is the parents of...
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Ownership of flats and non-residential premises
Brinda, Pavol ; Salač, Josef (advisor) ; Hendrychová, Michaela (referee) ; Dvořák, Tomáš (referee)
The subject of dissertation thesis is description of selected issues of apartment ownership. The thesis analyses in detail the historical development of the institute in the world from antiquity to the modern legal regulations of the 21st century. Particular attention is paid to the historical development of apartment ownership in the territory of today's Czech Republic. In the next part, the author describes the legislative and theoretical concepts of apartment ownership used in various legal systems of Europe. In the light of these foreign legal regulations, author also evaluates the legal construction of apartment ownership introduced by the new Czech Civil Code. After defining apartment ownership and describing its basic features, the author focuses on a detailed analysis of one of the basic elements of this institute - its subject. In this part, the thesis deals mainly with the question how the new Civil Code has defined the unit, the flat and the common parts of the land and building. The author deals in detail with new possibilities in determining the size of co-ownership shares of unit owners on common parts of the land and building. As part of the analysis of the subject of apartment ownership, the author does not just describe existing legislation, but also compares it with the previous...
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Surrogate motherhood
Hlaváčová, Markéta ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this thesis is analysis of attitudes, opinions and present legislation regarding a surrogate motherhood. The thesis should be recommendation of optimal legal adaptation of surrogacy in Czech Republic. The thesis looks into chosen issue through methods of comparison with foreign legislation and reminder of professional and non- professional views on the issue. The reasons for surrogacy legislation in Czech Republic are particularly the best interest of child, protection of surrogate mother's rights and rights of potential parents and many more. The surrogacy legislation would mean amendments of many legal regulations, which are propounded by the thesis. Keywords Surrogate motherhood, surrogacy, surrogacy legislation, determination and negation of maternity, biological mother, social mother, genetic mother, legal mother, the best interest of child, adoption, right to family and family life Name of the thesis Surrogate motherhood
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Legal aspects of assisted reproduction
Thalerová, Nicol ; Hendrychová, Michaela (referee) ; Frinta, Ondřej (referee)
Reproductive Medicine currently represents one of the fastest growing medical fields. The birth of Louise Joy Brown as the first baby conceived in vitro fertilization or in vitro, is considered being the historic milestone in development of the treatement methods in assised reproducion. Ethical discussions regarding the admissibility of these methods have developed as a result of technological advance of the infertility treatment. Adequate response of applicable law was required on the currant state of medicine which resulted in the need to regulate legally this field whether it's about establishing of assumption of fatherhood with regard to determination of fatherhood of a child conceived through artificial insemination, as well as determination of the basic conditions for the access to assisted reproductive techniques. Originally, the legislation of artificial insemination was defined only in the implementing regulation of the Ministry of Health, as the reproductive technologies were entirely new area. Today, the area of assisted reproduction is regulated in Act no. 373/2011. This thesis deals with the regulation of the assisted reproduction and it focuses on the controversial methods and procedures which are based on child sex selection, gamete donation and donor anonymity and also it deals with...
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