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Substitude alimony in theory and in practice
Lazurová, Irena ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
The author of this paper presents a new social security benefit that will expand the state social welfare system 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 has not been properly fulfilled. In addition to presenting a new public-law institute in the context of its historical roots and method of projecting it into the valid legal order of the Czech Republic, this paper also aims to assess the degree of state interference into the private-law sphere of family rights. The introduction and first part of the paper focuses 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 paper presents the new legislation of substitute maintenance and takes a journey into the history of the issue. This is followed by an analysis of Slovak legislation in the field. The fourth part of the paper deals with impacts of substitute maintenance on selected legal areas and on the practice of the affected entities in exercising public authority. In the...

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