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Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Cinková, Barbora ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The presented Advanced Master's thesis describes one of the most frequently committed criminal offences in the Czech Republic, specifically the criminal offence of neglecting the duty to maintain and support pursuant to Section 196 of the Criminal Code and, in general, the issue of parents' failure to comply with the duty to maintain and support their children; this thesis aims to provide a comprehensive description of this topic. The thesis is divided into seven chapters supplemented by an introduction and a conclusion. Chapter one focuses on the historical roots of this criminal offence, as the punishability of non-compliance with the duty to maintain and support has a long tradition in this country. Subsequently, chapter two outlines the basic characteristics of this criminal offence and provides a detailed analysis of the individual elements of two basic merits under Section 196 (1) and (2) of the Criminal Code, as well as of the qualified merits with respect to these two basic merits. In view of the blanket nature of the merits of neglecting the duty to maintain and support, chapter three hereof describes the private-law regulation of the duty to maintain and support. Chapter four analyses the most common reasons and motives for non-compliance with the duty to maintain and support, as well as...
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Enforcement of judgement and execution for maintenance and support of a minor
Vláčilová, Eliška ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
1 Abstract This rigorous thesis deals with the issue of judicial and execution recovery of maintenance for a minor child. The work is conceived as a comprehensive treatise on the topic. The first part includes the definition of the maintenance obligation, questions concerning the relevant aspects of determining the amount of maintenance on the part of both the obligated parent and the entitled child, and maintenance proceedings in the discovery procedure. The second part of the thesis contains a basic overview of the enforcement proceedings, the differences of the execution and judicial enforcement of the decision are defined. Work is mainly done with the execution regulation, as in practice prevailing for the enforcement of enforceable obligations. The thesis describes the execution process, including its individual subjects and preconditions for conducting execution, execution principles and execution titles. A substantial part of the work is devoted to general ways of execution, because the recovery of maintenance is to some extent a mere enforcement of pecuniary obligations and at the same time it is the ways in which maintenance is most often collected. The main part is the chapter dealing with the specifics of recovery of child support. Problematic aspects of the enforcement of a maintenance decision...
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Návrh a doporučení postupu při neplnění vyživovací povinnosti
Balcárková, Nela
BALCÁRKOVÁ, N. Suggestion and recommendation for non-compliance with main-tenance obligations. Bachelor thesis. Brno: Mendel University, 2019. The bachelor thesis deals with the issue of non-compliance with maintenance ob-ligations. It aims to provide a suggestion of further process when a parent does not fulfill a maintenance obligation towards a minor child. The theoretical part of the thesis explains the nature of maintenance obligations, the amount of alimony, the possibility of using state social support and consequences of non-fulfillment. In the analytical section, there are described specific cases of non-compliance with a maintenance obligations and suggested further process. Common features are discussed and, at the end of the thesis, there is an unified recommendation of the process for non-compliance with maintenance obligations.
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The conception of maintenance obligation in civil law
Uhlířová, Kristýna ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
1 [The conception of maintenance obligation in civil law] Abstract The thesis aims to clarify the concept of maintenance obligation in civil law. The thesis consists of an introduction, ten main chapters and a conclusion. In the introduction, the thesis concern with the definition of basic concepts that are important for the issue. The development of the regulation of maintenance obligations in our territory in the historical context is discussed in detaily in the main chapters. The main conslusion of the thesis is that there are many significant milestones that have pushed forward developments in the area of maintenance obligations. In respect of the historical development of the legislation, attention is paid to the maintenance obligation contained in the General Civil Code (ABGB), the Food Act, the Family Law Act, or the Family Act. The work also does not forget the current legislation according to the new Civil Code, effective from 2014, the other legislation that also deals with the issue of maintenance obligations or the case law. The thesis is also intended to bring readers closer to the concept of maintenance obligations with respect to family protection, including the international level. The thesis in its main part analyzes the individual types of maintenance obligations and draws attention to...
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Enforcement of judgments in family cases
Brhlíková, Pavla ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The issue of the enforcement of judgments in family cases is of a specific nature and differs from the enforcement of other civil law decisions by the specific legal regulation and the nature of the subject matter of the enforcement of decisions, where the subject matter are persons, especially minors, and not thed pecuniary and non-pecuniary performance as in other cases of enforcement. In connection with the recodification of private substantive law, a new Act No. 292/2013 Coll., on Special court proceedings, which contains special legal regulations on the enforcement of judgments in matters of protection against domestic violence and in matters of custody of minors, was adopted. At the same time, Act No. 99/1963 Coll., The Code of Civil Procedure, was novelized and remained a subsidiary act. This thesis deals with special procedures for the enforcement of judgements in family cases, which we find in the second part of the fifth section of the Special court proceedings Act. In the first chapter, the thesis deals with the issue of civil proceedings, the enforcement proceedings and execution of decisions, with emphasis on its development, principles, functions and legal regulations. The second chapter focuses on the enforcement of judgements in family cases and on their specifics. The third chapter...
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Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Nechvátalová, Helena ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis concerns the criminal act of neglecting of compulsory nutrition according to § 196 of the criminal code. Its main focus is to comprise this area completely and complexly, furthermore to examine individual signs of facts of the case and to present them in a complex context of the law, especially in relation to the civil law, which firmly binds a rightful claim for nutrition. The work comprises seven chapters following in a logical order. The first chapter aims at current legislation, at legislation related to the claim for nutrition and at systematic classification of the criminal act of neglecting of compulsory nutrition. The following chapter analyses individual obligatory sings of the criminal gist, its subchapters study the object, the objective side, the perpetrator and the subjective side. The purpose of this part of the study is to outline the terminology used in § 196 of the criminal code. The third chapter presents the possibility of termination of criminal responsibility based on a special provision of effective regret. The work states conditions which need to be fulfiled to apply this principle, furthermore it clarifies possible doubts about application of § 197 of the criminal code. Imposing criminal sanctions is discussed in the fourth chapter. The diploma thesis...
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Relations between parents and children after divorce
Linhartová, Aneta ; Frinta, Ondřej (advisor) ; Salač, Josef (referee)
Relations between parents and children after divorce Abstract The aim of this thesis is to present current legal regulation regarding relations between parents and children after divorce, which is included in the Act No. 89/2012 Coll., Civil Code, as amended, to point out problematic aspects during its practical application and to suggest other possible future solutions for particular issues. The thesis is composed of five chapters. Chapter one deals with divorce. It investigates historical development of its legal regulation, current legal regulation including divorce proceeding, and also some legal consequences of divorce. Part of this chapter concentrates on suggestions de lege ferenda regarding simplification of divorce. Chapter two is concerned with legal regulation of relations between parents and children after divorce in a historical context, from the General Civil Code till nowadays. Chapter three analyses individual aspects of legal regulation of relations between parents and children after divorce. At first it looks at custody of minor children after divorce and its particular forms, i.e. sole, alternating and shared custody. Another part of this chapter deals with regulation of contact of a parent and a minor child. After that the chapter concentrates on alimentary obligation regarding a minor...
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Family policy in relation to families after divorce
Krejčíková, Tereza ; Dobiášová, Karolína (advisor) ; Kotrusová, Miriam (referee)
In my thesis I am concentrating on family policy in relation to families after divorce or separation. I am focusing on problems which single-parent families have to deal with. Specifically, I am analysing current forms of child custody of under-aged children after the divorce. I have examined circumstances which lead to award the custody of the child and risks of these arrangements. Every single form of child custody is enriched by a case study. In connection with maintenance obligation I have investigated latest political instruments which are used for maintenance order. Furthermore I have looked into newly emerging policy of the maintenance backup plan. The aim of the thesis was accomplished by desk research and primarily evaluation of data which I collected by qualitative research interview, concretely semi-structured interviews with experts in this field. Based on main theoretical ground my research I concluded that single-parent families are considered as group of "dependents". Another theory I have worked with in my thesis is the theory of material and psychological deprivation. Material deprivation is related to not paying maintenance by a parent. This is causing that single-parent families, typically single mothers, find themselves in suffer hardship which can endanger the life and...
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