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Substitude alimony in theory and in practice
Lazurová, Irena ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Substitute maintenance in theory and practice Abstract The author of the present work focuses on a new social security benefit that expanded the state social welfare system starting 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 have not been properly fulfilled. In addition to presenting a new public-law institute in the context of its historical roots and ways in which it is projected into the valid legal order of the Czech Republic, this work also aims to assess the degree of state interference into the private-law sphere of family rights. The introduction and the first part of the text focus 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 text presents the new legislation of substitute maintenance and takes an excursus into the history of the issue. This is followed by an analysis of Slovak legislation in the field. Part four of the text deals with impacts of substitute maintenance on selected legal areas and on the practice of the...
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Adjustment of child circumstances after the divorce
Prostředníková, Anna ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Adjustment of child circumstances after the divorce Abstract This diploma thesis focuses on the adjustment of circumstances of children of divorced parents. Structurally, the thesis is segmented into an introduction, 6 chapters and conclusion. In case of content the thesis can be divided into four pivotal categories. The first part provides a general view into the elemental problems of parental liability. The second part focuses on the problem of the adjustment of circumstances of children after the divorce of their parents as such and examines all attributes in detail that the adjustment approaches. Great attention is given to the types of childcare, child-support and the contact of the non-resident parent with the child. The topic of the third part is the analysis of reasons that can be the cause of change of the present conditions. Finally, the fourth section provides a comparison of the current Czech legislation with the one of the Netherlands. Key worlds Parental responsibility, divorce, child, childcare, maintenance obligation, alimony, contact,
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Duty to support and maintain in private international law
Hejduková, Kristýna ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
The aim of this diploma thesis on the topic of duty to support and maintain in private international law was to assess and evaluate the existing legislation that international law, regulation at the European Union level and domestic law provides for the application and enforcement of maintenance obligations in the presence of a foreign element. This work consists of a total of six chapters, which are divided into other subchapters to better understand its content. The first chapter deals with the very concept of alimony and the gradual change in the perception of its content across human history as well as individual human communities. Furthermore, in this chapter I deal with the determination of individual maintenance obligations in the Civil Code and the definition of the concept of maintenance obligations from perspective of private international law. The second chapter, deals with individual sources of private international law, especially the Hague Protocol adopted on the grounds of the HCCH, the Maintenance Regulation, the Act No. 91/2012 Coll., on private international law, the relations between them and the Office for International Legal Protection of Children, its history, development, but also its current significance. The third chapter focuses on the explanation of the concept of...
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Child support maintenance provided by parents
Dudová, Martina ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé This thesis looks at the issue of "Parental Obligations to Provide Child Support" in the Czech Republic - how the system works now and how it might work in the future. As part of this future look, the thesis examines how this issue is currently being handled in Germany. Current Czech legislation dealing with these obligations of parents to provide for the welfare and well-being of children has been criticized both by experts in the field as well as the general public for being inadequate and insufficiently specific. Due to this lack of specificity, current Czech law compromises the principle of providing legal certainty. This thesis is broken down into three primary areas. In the first part, which is key to all that follows, there is an appraisal and assessment of the current Czech legislation dealing with parental child support obligations. The thesis tries to identify and describe the basic concepts that underlie this legislation and it provides a list of the key laws dealing with these child support obligations, including the criminal sanctions that support the fulfillment and enforcement of these obligations on mothers and fathers. This first part also provides an overview of the different changes that have been made in the area family law in the Czech Republic with an emphasis on the so-far most...
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The Table for Determination of Alimony - the Role and Efficiency in Judicial Practice
Dvořáková, Jitka ; Pavlík, Petr (advisor) ; Čermáková, Marie (referee)
Three years ago, the Ministry of Justice in the Czech Republic stated in judicial practice a recommending table whose intention was to unify the decision-making practice of courts in determining of alimony. The table should rectify a vague treatment of the maintenance obligations, guarantee a legal certainty for all participants and predictability of decisions. The alimony often covers only a part of all costs for a child under conditions that it is paid. The situation is even more problematic because the single-parent families with minors usually belong to the households which are mostly threatened by poverty. These families are most often headed by woman, who bears the brunt of caretaker and breadwinner roles. Their role is also influenced by the disadvantageous position at a labour market. The result of all these factors is usually a feminization of poverty and transmission of the standard of living from a mother to a child. My research interviews were focused on the fact if the table is used in practice. I evaluate its efficiency and represent modifications suggested by the courts. The analysis showed that not all courts use the table or use it at different levels. It is a consequence of reading of the word "recommending". This fact indicates a neglect of any need to use and a broader context...
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Duty to support and maintain in private international law
Horáková, Monika ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
RÉSUMÉ This master's thesis presents a detailed study on the topic of maintenance obligation in international private law, especially on maintenance obligation from parents towards children. This thesis examines the origins of maintenance order regulations, in particular we present analysis of "Haag Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations". This thesis also deals with "Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations" and how this protocol relates to the Haag Protocol of 23 November 2007. The first chapter examines the sources of the regulation of the term "maintenance obligation" in private international law, especially on conflict of law rules. The conflict of law rules are covered - on the state level by law "91/2012 Sb.", about international law private, on the european level in "Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations", and on the international level in Haag Protocol. The last sub- chapter of the first chapter covers the issues of law dealing with international protection of...
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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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The Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Štulík, Jan ; Vanduchová, Marie (advisor) ; Vokoun, Rudolf (referee)
This thesis deals with the Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code. By this provision the Czech law protects the statutory claim to maintenance between family members. The aim of this thesis is comprehensive explanation of all aspects of this crime. In introduction are analysed reasons, which led Czech lawmaker to enact punishability of failure to fulfill maintenance obligation. Special attention is given to historical evolution of this crime in Czech law. Main part of this thesis deals with elements of the crime, including definition of statutory maintenance obligation. Attention is given to condition of effective repentance (s. 197 of the Criminal Code) and possibility of concurrence. In the last chapter are described some procedural aspects.
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The Maintenance Obligation
Dlouhá, Markéta ; Hendrychová, Michaela (advisor) ; Dvořák, Jan (referee)
The Maintenance Obligation Resume The thesis is concerning maintenance obligation issue whereas is taking into account all categories of the maintenance obligation. The maintenance obligation is one of the family law juridical institutes that includes number of correlative rights and duties and applies to anyone whether in the position of obligor or obligee. The thesis is aimed to compare legal regulations related to the maintenance obligation presented in the Act no 94/1963 of the Coll. on family, as amended by subsequent acts, with legal enactment in Act no 89/2012 Coll., Civil Code, as amended by subsequent acts. First chapter of the thesis highlights basic terms of the problem as the alimony and the maintenance obligation, and also explains the function of the maintenance obligation. Next chapter of the thesis introduces legal regulation related to the maintenance obligation from historical view and focuses on the legal regulation in the Civil Code 2012 and the reasons of its enactment. As next, the thesis summarizes individual categories of the maintenance obligation and follows mutual relations among them. The thesis also specifies basic condition for the duration of the maintenance obligation and also particular criteria for the formulation of the extension concerning maintenance obligation, that are...
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Support and maintenance between parents and children
Dlouhá, Markéta ; Hendrychová, Michaela (advisor) ; Pohl, Tomáš (referee)
Unterhalt zwischen den Eltern und den Kindern Resümee Meine Diplomarbeit beschäftigt sich mit dem Thema des Unterhalts zwischen den Eltern und den Kindern. Dieses Thema betrifft fast jeden von uns, entweder als den Unterhaltspflichtiger oder als den Unterhaltsberechtigter. Meiner Meinung nach ist das Thema des Unterhalts zwischen den Eltern und den Kindern sehr interessant und immer aktuell und verdient Beachtung der ganzen Gesellschaft. Das erste Kapitel meiner Arbeit erklärt die Grundbegriffe dieser Problematik, als der Unterhalt, seine Arten und Funktionen. Dieses Kapitel beschreibt auch kurz die historische Entwicklung der rechtlichen Regelung der Unterhaltspflicht und grenzt die Subjekte der Unterhaltspflicht ab. Die gröβte Aufmerksamkeit wird in meiner Arbeit der Unterhaltspflicht gegenüber dem Minderjährigen gewidmet, weil die rechtliche Regelung dieser Art der Unterhaltpflicht am wichtigsten und gesellschaftlich am bedeutendsten ist. Meiner Arbeit beschäftigt sich vor allem mit den Kriterien für die Festsetzung der Höhe des Unterhaltsbeitrags, der Zeitdauer und der Weise der Leistung des Unterhalts. Das wichtigste Problem stellen die Gerichtsentscheidungen über die Höhe des Unterhaltsbeitrags dar, die ab und zu in ähnlichen Fällen bedeutend unterschiedlich sind. Darum hat das Justizministerium im...
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