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The Law on Divorce and Maintenance Between Former Spouses in the Czech Republic and in Selected European Countries
Mozgová, Kamila
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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Maintenance between spouses, maintenance between former spouses, maintenance between civil partners
Kočí, Petra ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Maintenance between spouses, maintenance between former spouses, maintenance between civil partners Abstract The diploma thesis deals with maintenance between spouses during marriage and after divorce and maintenance between civil partners. The maintenance duty and right for maintenance is recently a discussed topic, particularly due to high divorce rate. It is not a novelty that a divorce of a marriage or termination of a civil partnership strongly influences all of the partaking not only emotionally, but also economically. Exactly in these cases, the law provides a protection to the economically weak members of a family in a form of maintenance institutes. The biggest attention is usually dedicated to the maintenance and support of a minor. The other kinds of maintenance are not mentioned very often. The aim of this work is to analyse current legal regulation of the above mentioned institutes in the Czech legal order and compare it to the already repealed Family Act. After the recent Civil Law recodification, most of the relevant provisions were integrated to The Civil Code. Nevertheless, its content was not fundamentally changed. The thesis is basically divided into four main parts. The first and the most important part deals with the substantive regulations of all the above mentioned institutes. It...
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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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