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Adoption in a Wiewpoint of the Czech Legal System and the International Treaties (Critical Comparative Study)
Hrubešová, Nikola ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The presented master thesis deals with the issue of adoption of a child, both from the viewpoint of international treaties, as well as the Czech law. The attention is paid to the comparison between the relevant provisions in the Civil Code and the rules contained in the international treaties. Also the way in which the Czech republic reflected the requirements imposed by international treaties is evaluated. The thesis contains an introduction; it is further divided into six chapters and ended with conclusion. First chapter is dedicated to the concept of adoption and the perception under the effective legislation. This chapter also enumerates the particular international treaties, which deal with the adoption and lay down the fundamental requirements for national regulations of the State parties. The second chapter defines the types of adoption including the brief characteristics and description of the main dissimilarities. Due to a certain controversy, the matter of revocation (annulment) of adoption and irrevocable adoption is discussed in more detail. The third chapter introduces the general conditions for the realization of adoption. These are, in particular, the conditions to be met by the adopter or adopters, but some of them are to be met by the adoptee itself or can be based on the specific...
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The issue of maintenance and maintenance rights in law of the Czech republic
Skalická, Michaela ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The issue of maintenance and maintenance rights in Czech law This diploma thesis deals with legal regulation of maintenance and maintenance rights in the Czech historical context. The legislation of the Czech Republic is compared with the regulation of the Slovak Republic. The first part describes the historical development of this regulation, from the time of Roman law to the present. It also explains the meaning of the term "maintenance" and "maintenance duty" and the difference between these terms. As a follow-up, other parts of the diploma thesis deal with the various types of maintenance obligations that exist in the current Czech law. For each type of obligation, the manner of its origin, the way of determining its extent and the duration of its duration are described. For the sake of completeness of this issue, the thesis contains a part dealing with the frequency of individual types of maintenance obligations in proceedings before the courts, general assumptions for the award of maintenance, ways of its fulfillment, maturity and possibility of changing the amount of the maintenance obligation. The next section deals with the procedural issues of the maintenance and maintenance obligations, namely the possibility of including maintenance, the limitation of the right to maintenance and the...
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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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Adoption of persons of full age: evolution and comparison of legislation from the General Civil Code to the Civil Code 2012
Linhartová, Eva ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Thesis title: Adoption of persons of full age - evolution and comparison of legislation from the General Civil Code to the Civil Code 2012 This master's thesis focuses on historical evolution of the legal institute of adoption of persons of full age, also known as adoption of an adult or adult adoption. This legal option returned to the Czech family law after more than 60 years of legal history, during which it was prohibited with regard to the former understanding of adoption. The restoration of adult adoption to the Czech legislation was caused by one of the main principles on which the new Civil Code is based, and that is a return to traditional understanding and interpretation of family law within European continental traditions. The first part of this thesis deals with historical evolution of the legal option to adopt an adult person since the ancient Rome epoch, where this institute came from. The adoption had a totally different purpose compared to these days. It served especially the needs of an adoptive father, who wanted to have a successor of his own kin and heir. Roman law later became a model for legislation in the continental Europe. Until the middle of the 20th century, it was allowed to adopt an adult as well as a minor in the Czechoslovakia. This historical epoch of our family law...
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The Law on Divorce and Maintenance Between Former Spouses in the Czech Republic and in Selected European Countries
Mozgová, Kamila ; Hendrychová, Michaela (advisor) ; Králíčková, Zdeňka (referee) ; Dvořák, Bohumil (referee)
A divorce as one of the forms of termination of marriage is enacted in all European laws, being defined as abolishment of an existing marriage during the life of the spouses, pronounced by a competent state body, on the grounds stipulated by the law and within the framework of a prescribed procedural process, with effect ex nunc. One of the characteristics of the current European society is a so-called "family crisis". A manifestation of this crisis is a growing number of unmarried couples and, first of all, a continuously growing number of divorces. A divorce as a social situation became at the beginning of the third millennium an ordinary and acceptable issue for an overwhelming majority of the society, being considered to be an accessible, decisive and effective method for resolving disputes and problems in a marriage. In this respect, the current European legislation also leads to the fact that only a small proportion of divorces today ends by settlement between the partners. However, it is certainly unadvisable to overestimate the importance of the institute of marriage. As regards the general opinion, the law on divorce cannot be made so complicated that it would force the spouses to remain in a non-functional and de facto nonexistent union. In general we presume that upon termination of...
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The Maintenance Obligation
Dlouhá, Markéta ; Hendrychová, Michaela (advisor) ; Dvořák, Jan (referee)
The Maintenance Obligation Resume The thesis is concerning maintenance obligation issue whereas is taking into account all categories of the maintenance obligation. The maintenance obligation is one of the family law juridical institutes that includes number of correlative rights and duties and applies to anyone whether in the position of obligor or obligee. The thesis is aimed to compare legal regulations related to the maintenance obligation presented in the Act no 94/1963 of the Coll. on family, as amended by subsequent acts, with legal enactment in Act no 89/2012 Coll., Civil Code, as amended by subsequent acts. First chapter of the thesis highlights basic terms of the problem as the alimony and the maintenance obligation, and also explains the function of the maintenance obligation. Next chapter of the thesis introduces legal regulation related to the maintenance obligation from historical view and focuses on the legal regulation in the Civil Code 2012 and the reasons of its enactment. As next, the thesis summarizes individual categories of the maintenance obligation and follows mutual relations among them. The thesis also specifies basic condition for the duration of the maintenance obligation and also particular criteria for the formulation of the extension concerning maintenance obligation, that are...
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Family Law in Republic of Korea after 1948
Líbalová, Ilona ; Löwensteinová, Miriam (advisor) ; Zemánek, Marek (referee)
This thesis describes hierarchical and patrilineal norms in family law of the Korean Civil Code and discusses a gradual elimination of these norms in compatibility with constitutional law. First part of the thesis highlights the specifics of the Korean family law in a historical context and analyzes the head of a family system's origin and family registers as one of the main sources of inequality in the Korean family law. The second part focuses on the process of the Constitution and the Civil Code codification and represents Confucian and women's organizations which influenced the family law. In this case the incompatibility of family law of the Civil Code and constitutional law was found out as the main object of the dispute. The aim of this thesis is to determine whether the present family law in the Civil Code can be considered as compatible with the Constitution or not. The third part is therefore devoted to amendments to family law of socio- political changes background, where is the clear gradual elimination of hierarchical and patrilineal ethical standards of the Civil Code until the turn of the new millennium.
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The legal status of parents of a child in case of the child's adoption
Oliveriusová, Monika ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The aim of the work is to analyze efficient legislation concerning the posi- tion of a child's parents during the child's adoption and the adoption itself considering the current issues and legislation in the new Civil Code. The analyti- cal and comparative methods are especially used. The work is divided into five chapters. The first chapter deals with definition of the basic terms that are treated further in the work. It also classifies the institute of adoption in a broader frame- work of the substitute family care. The second chapter focuses on the legislation of adoption. It is divided into six subchapters with the third one being crucial and dealing with the conditions of adoption. The third and largest chapter is the sub- stance of the work. It concerns an analysis of the current legislation concerning the legal position of child's parents while adopting the child. This part also fo- cuses on the new formulation of a parent's disinterest in connection to the new Civil Code. This chapter also includes an issue of giving birth to a child in secret, which is discussed frequently among both experts and the public. Due to the tra- dition of this institute in France there is also an insight in the French legislation. The fourth chapter focuses on the procedural position of a child's parents both...
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