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Legal position of a child and registered partners within the framework of foster care
Prchalová, Karolína ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Legal position of a child and registered partners within the framework of foster care Abstract The aim of this diploma theses is to analyse the legal position of a child and registered partners within the framework of foster care and to reply to the question whether the current legal regulation of foster care ought to be altered in favour of registered partners. The first chapter of the theses provides with the explanation of terms family and parenthood and closely deals with legal duties and rights of parents and children. It defines the constitutionally guaranteed right to family life of a child and registered partners and development of judicature concerning this issue. And this chapter also defines the crucial term of the best interests of the child. The second chapter focuses on the legal institute of registered partnership. It deals with the legal regulation and its development, the development of the legal regulation in the European countries, especially in Germany. This chapter also analyses the issue of discrimination and unequal legal position of registered partners compared to spouses. Subsequently both institutes, registered partnership and matrimony, was compared. The third chapter is fundamental. It focuses on particular forms of foster care with respect to the purpose of the legal regulation....
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Determining paternity in Czech and French law
Hlavinková, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Determining paternity in Czech and French law The main subject of the thesis are the determination of paternity and the denial of paternity in Czech and French legal systems. The aim of the work is to compare individual aspects of establishing paternity in both legal systems, to present the basic concept and specifics of the legal regulations foreseen by law, to point out possible gaps in the given legislation and to examine selected factual situations and problems related to this issue. The thesis is systematically divided into four chapters. The first chapter deals with the historical development of the legal rules of both legal systems, from the times of Roman law to the present. The development of methods used to determine paternity is also outlined here. The second chapter focuses on the issue of determining paternity, which is based on a system of legal presumptions. In addition to introducing individual legal presumptions and their regulation in Czech and French legal system, this chapter focuses on the differences between the Czech and French legal systems and points to specific factual situations that are insufficiently regulated in the given legal system, or not regulated at all. The aim of the third chapter is to systematically present the issue of denial of paternity in both legal...
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Prevention in the Civil Code
Prokeš, Martin ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Prevention in the Civil Code The topic of my thesis is prevention in the Civil Code. This thesis examines the definition of the concept of prevention within the Civil Code as a key aspect in the provision of general rules of mutual coexistence in our main legal code. Prevention is not only understood here as an effort to prevent illegal actions, but is extended to a broader concept of preventing damage or injury to the health and life of individuals in society, when its essence goes beyond the concept of law. The work reflects the development of the concept of prevention and its anchoring in the Civil Code, with an emphasis on various historical concepts and the development of legal regulations. The first chapter of the thesis analyzes various concepts of prevention mainly in a general sense, focusing on its importance in various fields, including medicine, social sciences and criminology. The content of other types of prevention such as primary and secondary or general and specific is also defined here. The second chapter is devoted to a brief summary of the development of the Civil Code as a legal code, with an emphasis on its development in Roman society, the Middle Ages and modern times. This part of the work also traces the transformation of the prevention institute itself in these individual...
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Mandatory rules in the Civil Code
Vrbová, Katarína ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Mandatory rules in the Civil Code Abstract The diploma thesis entitled "Mandatory rules in the Civil Code" is dedicated to the analysis of mandatory rules in Act No. 89/2012 Coll., the Civil Code. The aim of this thesis is the theoretical definition of the concept of mandatory and non- mandatory rules and legal rule itself, which is necessary for framing them within the context; the analysis of the valid legislation in the Civil Code as well as the legislation immediately preceding it and a comparison with the current and past recodification efforts in the Slovak Republic. Therefore, the thesis is systematically divided into three parts. Firstly, the term legal rule is defined in the initial part of the work, the specific features, structure and classification of the legal rules are discussed. Furthermore, it provides a definition of a pair of the terms mandatory and non-mandatory, as it is defined in the Czech Republic, but also abroad as well as a brief historical overview. Finally, the attention is drawn to a specific decision of the Supreme Court of the Czech Republic regarding the nature of the provision regulating the amount of default interests. In the second part of the work, the currently applicable legislation in the Civil Code is discussed. At this point we can find a description of the...
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Prevention in the Civil Code
Prokeš, Martin ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Prevention in the Civil Code The topic of my thesis is prevention in the Civil Code. This thesis examines the definition of the concept of prevention within the Civil Code as a key aspect in the provision of general rules of mutual coexistence in our main legal code. Prevention is not only understood here as an effort to prevent illegal actions, but is extended to a broader concept of preventing damage or injury to the health and life of individuals in society, when its essence goes beyond the concept of law. The work reflects the development of the concept of prevention and its anchoring in the Civil Code, with an emphasis on various historical concepts and the development of legal regulations. The first chapter of the thesis analyzes various concepts of prevention mainly in a general sense, focusing on its importance in various fields, including medicine, social sciences and criminology. The content of other types of prevention such as primary and secondary or general and specific is also defined here. The second chapter is devoted to a brief summary of the development of the Civil Code as a legal code, with an emphasis on its development in Roman society, the Middle Ages and modern times. This part of the work also traces the transformation of the prevention institute itself in these individual...
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Sale per aversionem
Jakubec, Radim ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
1 Sale per aversionem Abstract The aim of the diploma thesis is to carry out a thorough analysis of the legal institute of a bulk sale from the point of view of its diachronic development and the effects of the application of this legislation in the sphere of rights and obligations of the addressees of legal norms. In the first part of the thesis, with the help of historical legal sources, the development of the form of the institute is gradually reconstructed in the legal sources of ancient Rome, the region of Central Europe and finally in the borders of the territory of Czech statehood. The second part of the work is devoted to the current wording of the summary institute, its attributes, the applicability of the provisions on the summary and other related issues. In the introduction of the second part, emphasis is placed on the linguistic analysis of the current wording of the provision, which is subjected to grammatical, semantic and syntactic analysis. The linguistic analysis is followed by a legal analysis, which examines the conditions necessary to be able to use the provision on the transfer in aggregate in accordance with the legal regulations. The conclusions made about the conditions of use are followed by chapters on alternative and dissenting views on the issue in question. At the end of the...
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The question of divorce in the Czech Republic and Germany in comparison
Čermáková, Zuzana ; Radvanová, Senta (advisor) ; Hendrychová, Michaela (referee)
In this thesis, I primarily deal with the question of divorce in the Czech Republic in comparison to Germany. The objective is to describe the legal regulation of divorce in general and the legal regulation of the visitation and education of children after the divorce and the historical development of the legal regulations. The thesis shows that the German legal regulation of divorce is often more detailed and elaborated. Finally, it is possible to state that both legal regulations are in the main part very similar and have the same principles.
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The institution of superficiary right of building in the private law restatement in the Czech Republic
Tichý, Luděk ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The Institute of the Right to Build in the Context of the Recodification of Private Law in the Czech Republic Abstract This master thesis is devoted to a comprehensive analysis of the legal regulation of the right to build as a legal institute reintroduced into the legal system of the Czech Republic on 1 January 2014 with the entry into force of the Act No. 89/2012 Coll., the Czech Civil Code, including the placing of the right to build in the context of its historical background or its comparison with the corresponding applicable legal regulations of foreign countries, which represent sources of inspiration for the legal regulation in the Czech Republic. The right to build allows, in particular, the construction of a building by the builder on land that is not owned by him, or, in general, allows the builder to have a building on such land. This legal institute represents a special temporary exception of application of the legal principle of superficies solo cedit. The building, which becomes part of the right to build for the duration of the right itself, does not, according to the general rules of law, accrue to the land on which it has been built. In the introductory part, the thesis focuses on a description of the historical legal development of the right to build from its Roman law origins. This is...
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Consent to adoption of minor
Boháčiková, Sabina ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
1 Consent to adoption of minor Abstract The diploma thesis deals with current legal regulation of consent to adoption. The thesis is divided into six parts, in which the regulation of consent to adoption in Czech legal system is discussed, with the aim to provide comprehensive explanation of consent to adoption. In the first part, the author deals with the adoption in general. Author explains the basic terms that are key for understanding the issue itself, namely child, child available for adoption, best interest of the child. Author also discusses the requirements to adopt a child and the process of adoption. The author also focusses on international treaties that govern an adoption. The second part deals with the legal regulation of parental consent and mention specific reasons when parental consent for adoption is not required. The consent of parent of the adopted child is also discussed with the regard to the status of parent suffering from a mental disorder, as well as the parent with no capacity to act. Author also discusses the consent of adopted child regarding to participation rights of a child. Finally, the author discusses the consent of adoptive parent's spouse. The third part of the diploma thesis is devoted to the reasons when parental consent to adoption ceases to be effective and...
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Mater incerta est or The right to know one's origin in the Czech legal system
Kufrová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Mater incerta est or The right to know one's origin in the Czech legal system Abstract The thesis deals with the issue of the children's right to know their origins in the context of the Czech legal system, its compliance with the regulation of the children's right to know their origins under Article 7(1) of the Convention on the Rights of the Child and the importance of the children's right to know their origins for the legal protection of the child. The aim of the thesis is to introduce the concept of the children's right to know their origins, to comprehensively analyse the applicable international, European and national legislation and to present the family law institutes most affected by the children's right to know their origins. In addition, this thesis also critically assesses the Czech Republic's reservation to the Convention on the Rights of the Child, which significantly affects the children's right to know their origins, and provides de lege ferenda considerations in the area of the children's right to know their origins. In order to achieve this goal, the thesis first defines the concept of the children's right to know their origins theoretically and then provides an analysis of the legal sources enshrining the children's right to know their origins. The thesis then examines the children's...
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