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Legal status of parents in adoption
Vampolová, Gabriela ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Legal status of parents in adoption Abstract The goal of this diploma thesis is the analysis of the Czech legal regulation of the position of the parent during an adoption. According to Act No. 89/2012 Coll., of the the Civil Code, essence of the adoption is primarily a status change in the legal status of the parent and child, which consists in the termination of family relationships, including obligations and rights to the adoptee's original family. The consequence of adoption is the termination of the relationship between parent and child, which is considered for the basic status relationship of family law. However, the termination of family relations will not occur in the case of adoption of an adult, which is not similar to the adoption of a underage. The first part of the thesis is briefly devoted to the concept of family, it reflects on its importance and a possible definition of this concept. The second part deals with parenthood in the legal sense, the purpose of this part is to determine to who can be considered as a parent in accordance with Czech legislation, to whom the parental duties and rights testify, and mainly who create the basic status relationship of parent and child. Within this part, the legal regulation of maternity and paternity is discussed separately. Regarding the legal...
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Incomplete adoption and its legal consequences
Vampolová, Gabriela ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Incomplete adoption and its legal consequences Abstract This diploma thesis focus on the analysis of Czech legislation of incomplete adoption and its legal consequences. Incomplete adoption in Czech legislation is understood as a adoption of full age person. This legal institut was adjusted in the Czech legal system until 1950, then it disappeared from the Czech legal adjustment and was re-introduced with approval of Act No. 89/2012 coll., The Civil Code. Contemporary legislation distinguishes between two types of a full age adoption, namely adoption, which is similar to the adoption of a under age person, and adoption, which is not similar to the adoption of a under age person.The distinction between these two types of a full age adoption, in contrast to the distinction between complete and incomplete adoption, is evident from the legal adjustment in The Civil Code, where each of the mentioned types of full age adoption is adjusted in a separate legal provision. The first part of the work deals with the single concept of adoption, its development and possible ways of division, most of which in this part of the work focus on the division of adoption into complete and incomplete. What can be considered as incomplete adoption in the Czech legislation has already been stated, it is therefore necessary to state...
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