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Legal pre-conditions for parenthood
Hroník, Jakub ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The work follows the current legislation dealing with matters of parenthood. It is designed in accordance with the breakdown of motherhood and fatherhood. After an introduction, defining the purpose and need for legal regulation of family issues, follow the main chapters dealing with different issues. First, attention is paid to the determination of motherhood. This section is divided into three chapters, the first of which is further divided for clarity even in the following sections. The first chapter is devoted to the issue of child identity undetected. This chapter is further divided into parts and special sections devoted to the identity of unidentified child, called the found child, another sub-chapter describes the legislation and the possibility of using the birth mother's identity and privacy of anonymous births, and the last sub-sections deal with the problem of their baby boxes, and legal issues. In other chapters of the work deals with the erroneous entry in the matrix and the state where the child is born outside the medical facility. Then follow chapters on the determination and denial of paternity. The work follows a system of three statutory presumptions of paternity and the subsequent denial of the possibility of paternity. So the first presumption of paternity mother indicating...
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Community interest society
Mazanec, David ; Frinta, Ondřej (advisor) ; Radvanová, Senta (referee)
Grounds for the topic of my thesis are connected with approved Amendment Act of Community Interest Societies. The aim of the work is to explain reasons that made the legislation power approve the amendment (mentioned above), specification of the most essential features of legal entities of a non-profit sphere, and usage of comparative levelling of the original statutory text with the actual legal regulations. The thesis is devided into 8 chapters and results from the basic characteristics of legal entities of the non-profit sphere in relation to a short discursion respecting their historical evolution. Attention is paid to general definition signs of these legal entities. The work focuses on legal status a Community Interest Society in the context of the Czech Legal Order. Great attention is paid to the Amendment Act of a Community Interest Society, especially with respect to the newly constructed conception in the area of authorities status of Community Interest Society and alignment of their acticity. The thesis deals with procedural process during foundation and liquidation of that kind of non-governmental organization and activities that are typical of the Community Interest Society. The merits of the thesis is characteristic of use of comparative view of the original statutory text concerning...
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Significance of family mediation in the resolution of legal conflicts in a family
Čechová, Helena ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
Significance of family mediation in the resolution of legal conflicts in a family The purpose of my thesis is to analyse the issue of family mediation. Family mediation which is a form of Alternative Dispute Resolution (ADR) could be defined as a structured process in which family members agree to appoint a neutral third party (the mediator) who assists them to find a mutually satisfactory solution to their problem based on their own decisions. The mediator must be impartial, their role is to encourage communication between the parties but has no authority to make any substantial suggestions or decisions with regard to the parties' issues. The mediation process is voluntary and confidential. One of the reasons why I chose this topic is my belief that family mediation can be in many cases a more suitable way to solve family conflicts than litigation. In many foreign countries (especially western European countries, the USA and Canada) mediation has a long history and is used frequently to solve conflicts that relate to separation, divorce, custody, financial questions in family etc. In the Czech Republic, however, family mediation has not been developed very well and I find this situation unfavorable. Recently there has been lots of discussion concerning the draft law on mediation. It could bring...
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The right of a child to know his/her genetical origin
Zýchová, Jana ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
My thesis deals with the child's right to know his or her genetic origin. It is a universal human right guaranteed by the Convention on the Rights of the Child. The Article 7, paragraph 1 states that every child has a right to know his or her parents, if possible. European Court of Human Rights repeatedly postulated that the right to know one's origin is an integral part of the right to respect for private and family life provided by the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The purpose of my work is to explain on particular problems, to what extent is this right respected in the Czech Republic, in conformity with its international obligations. The text is based on valid legal status to June 21, 2011, with regard to proposed changes in the upcoming adoption of the new Civil Code. The text is systematically divided into seven chapters. The first chapter is focused in general on the right to know one's own origin in the human rights dimension. The following chapters examine particular relevant sections of family law and its imperfections. Firstly, I discuss the issue of determination and denial of parenting with an emphasis on emerging deliberate disharmony between biological and legal parenthood. Furthermore, I focus on the issue of adoption,...
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Mutual duty between parents and children to support and maintain in theory and practice
Vacková, Tereza ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
Maintenance between parents and children Resumé My thesis deals with the mutual maintenance of parents and children in theory and in practice and the thesis consists of ten chapters. The topic of alimony is a very current topic. Our society is constantly changing and its relations in the families as well. The families which are functioning decrease so the needed family members have to seek for their rights. Each of us is a parent or a child, so this topic affects all of us. The first chapter defines the basic concepts of my thesis, such as the concept of maintenance obligations, the differences between different types of maintenance obligations, the definition of subjects of maintenance obligations and the differences between the Czech and the International legal system. The final part of the first chapter discusses the new regulations of maintenance obligations, which will come into effect with new Civil Code. The main chapters focus on alimony obligation of parents to children and on alimony obligation of children to parents. I discuss the basic concepts and I define them. In those chapters the newly created tables from the Ministry of Justice for calculating the alimony with its application in the practice of Czech courts, where also the latest judiciary decisions are mentioned, also are taken into...
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Legal pre-conditions for parenthood
Hroník, Jakub ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The work follows the current legislation dealing with matters of parenthood. It is designed in accordance with the breakdown of motherhood and fatherhood. After an introduction, defining the purpose and need for legal regulation of family issues, follow the main chapters dealing with different issues. First, attention is paid to the determination of motherhood. This section is divided into three chapters, the first of which is further divided for clarity even in the following sections. The first chapter is devoted to the issue of child identity undetected. This chapter is further divided into parts and special sections devoted to the identity of unidentified child, called the found child, another sub-chapter describes the legislation and the possibility of using the birth mother's identity and privacy of anonymous births, and the last sub-sections deal with the problem of their baby boxes, and legal issues. In other chapters of the work deals with the erroneous entry in the matrix and the state where the child is born outside the medical facility. Then follow chapters on the determination and denial of paternity. The work follows a system of three statutory presumptions of paternity and the subsequent denial of the possibility of paternity. So the first presumption of paternity mother indicating...
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Relevant aspects for determining the amout of maintenance obligations of parents to children"
Žižka, Petr ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
Relevant aspects for determining the amout of maintenance obligations of parents to children Abstract In my paper I engaged myself with a topic of maitenance towards to adolescent children, in the meaning of how these payments are set and what is needed to be considered by during the process of admiting the maitenance. Paper itself is extended by expert publications, texts and opinions of profesional, taken during their long practises in jurisdiction. First chapters of my paper are concieved as therotecial introductions to the issue. In introduction you can find brief informations about the headwords wiedly used in the matter of maitenance and explaining the basics, like how and when the maitenance is admited. Next part of the introduction is basic informations about different types of maitenance and comparing their similarities and differences. This part of paper provides a complex look on the whole issue of legal regulations of maitenance in the Czech Republic, and also provides to reader a possibilty to debate how to pass through the imperfections, with the consideration of the legal regulations in other countries, already done attempts to overcome the imperfections and expert opinions from the jurisdiction experiences. The main accent of the paper is focuesed on the part talking about the classification...
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Foster care for a temporary period
Skryjová, Lucie ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
FOSTER CARE FOR A TEMPORARY PERIOD This thesis describes and critically judges the legal regulation, practice and purpose of foster care for a temporary period in the Czech Republic. Children temporarily or permanently deprived of their family environment or children, who cannot be left in such environment, are entitled to a special protection and assistance granted by the state in one of alternative care forms. The Czech Republic is criticized for a long time by the international organizations because of numbers of children placed in any type of institutional care. Consequently, the amendment of the Act N. 359/1999 Coll., on social and legal protection of children, has been approved in June 2006. This amendment has established a new legal institute called "the foster care for a temporary period". The function of this institute is to avoid a placement of children to an institutional care in the case, when the children can not stay in the original family because of whatever reason however there is a presumption of re-entry to that original family. Parents still have their parental responsibilities and still have right to keep in touch with their child. The thesis is composed of six chapters, which are subdivided into subchapters. Chapter One deals with the historical development of foster care. Chapter Two...
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Parental responsibility and its exercise
Nováčková, Petra ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
Parental responsibility and its exercise The aim of my final thesis is to analyze parental responsibility and its exercise in the Czech rule of law by the Czech's principle. These thesis contain chapters about historical trends of family law, children rights and development of mutual law and duties of parents and children from the past to present. Some space is also devoted for government interference into parental responsibility. The reason why I chose the theme of parental responsibility for my final thesis is its current status which can be involved for everyone. Final thesis is divided into seven chapters. First chapter contains two parts. The first part is describing family law and explaining its position in a general law and its subject and principle. Second part is about family concept, protection, historical evolution and current situation. The second chapter is connected with legal children's status. It contains five parts. The first part is focused on children's rights, second part is describing a historical origin of the right. The third part is devoted to detail description of children's rights which are included in the Convention of Children's rights. The forth part is dealing with children's duties and fifth part is enlarged children as a juristic person. The third chapter is named...
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Problems of activity of foreign foundations and endowment funds in Czech Republic
Hron, Filip ; Frinta, Ondřej (advisor) ; Radvanová, Senta (referee)
THE ABSTRACT Topic: Problems of activity of foreign foundations and endowment funds in Czech Republic. This thesis is primary aimed to clarify problems regarding to activity of foreign foundation and endowment funds in Czech Republic. The purpose of this work is to explain related problems and provide possible solutions for such issues. In the early chapters, the author familiarizes readers with history of foundations and endowment funds in Czech Republic and explains the terminology and meaning of foundations and endowment funds as a legal person. Secondly, the author analyses legal situation in Czech law and presents various options for activity of foreign foundations and endowment funds in Czech Republic. Furthermore, the author deals with the description of the solution consisting in the establishment of branch in Czech Republic. This part of the thesis is the largest content because the author provides possible solutions for various problems arising from establishing of branch. The thesis also describes foreign legislation relating to foundations and endowment funds. And finally, the author states possible changes in Czech law, which will lead to the better foundation's legislation in Czech Republic and attaches drafts of documents usable for the thesis topic.
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