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The issues of maintenance between parents and children (comparative study)
Chyba, Petr ; Elischer, David (referee)
The issues of maintenance between parents and children (comparative study) This diploma thesis deals with the issues of maintenance between parents and children. The maintenance is a traditional institute of civil law, which systematically belongs to family law. The family law concerns in general way more or less an everyday life of individual in society. The issues of maintenance are current and constantly developing topic, which the society pays traditionally significant attention to. The specific type of maintenance that is maintenance between parents and children represents from the point of frequency the most widespread type of maintenance, which is exercised in the society, especially as regards maintenance obligation of parents to children. It is possible to state, that the maintenance is a legal institute which is not the object of interest only of the legal public, but it is the topic which is discussed and closely watched by the entire society This diploma thesis is held as the comparative study, the legal regulation of the Czech Republic is compared through the diploma thesis with the legal regulation of Federal Republic of Germany. From the point of structure the thesis is divided into introduction, twelve main chapters and conclusion. The first chapter deals with general issues of maintenance,...
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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 issues of maintenance between parents and children (comparative study)
Chyba, Petr ; Elischer, David (referee)
The issues of maintenance between parents and children (comparative study) This diploma thesis deals with the issues of maintenance between parents and children. The maintenance is a traditional institute of civil law, which systematically belongs to family law. The family law concerns in general way more or less an everyday life of individual in society. The issues of maintenance are current and constantly developing topic, which the society pays traditionally significant attention to. The specific type of maintenance that is maintenance between parents and children represents from the point of frequency the most widespread type of maintenance, which is exercised in the society, especially as regards maintenance obligation of parents to children. It is possible to state, that the maintenance is a legal institute which is not the object of interest only of the legal public, but it is the topic which is discussed and closely watched by the entire society This diploma thesis is held as the comparative study, the legal regulation of the Czech Republic is compared through the diploma thesis with the legal regulation of Federal Republic of Germany. From the point of structure the thesis is divided into introduction, twelve main chapters and conclusion. The first chapter deals with general issues of maintenance,...
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The issues of maintenance between parents and children (comparative study)
Chyba, Petr ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The issues of maintenance between parents and children (comparative study) This diploma thesis deals with the issues of maintenance between parents and children. The maintenance is a traditional institute of civil law, which systematically belongs to family law. The family law concerns in general way more or less an everyday life of individual in society. The issues of maintenance are current and constantly developing topic, which the society pays traditionally significant attention to. The specific type of maintenance that is maintenance between parents and children represents from the point of frequency the most widespread type of maintenance, which is exercised in the society, especially as regards maintenance obligation of parents to children. It is possible to state, that the maintenance is a legal institute which is not the object of interest only of the legal public, but it is the topic which is discussed and closely watched by the entire society This diploma thesis is held as the comparative study, the legal regulation of the Czech Republic is compared through the diploma thesis with the legal regulation of Federal Republic of Germany. From the point of structure the thesis is divided into introduction, twelve main chapters and conclusion. The first chapter deals with general issues of maintenance,...
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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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Comparative analysis of the Czech and French law dealing with maintenance obligation and analysis of the relevant legal terminology
PETROVÁ, Kristýna
The aim of this bachelor thesis is to assess the degree of difference or similarity between the Czech and French legal support obligations. The content of this work is divided into five chapters; with the first section fo-cusing on the theoretical aspect of this thesis. Chapter number one opens with a description of family law in the Czech Republic and France; giving a brief introduction to its history, sources and structure. The second chapter is devoted to all kinds of support obligations in the applicable family law of both law systems. The third chapter presents a comparative analysis of family law and support obligations in the fore-mentioned countries. The fourth chapter briefly introduces the specific features of the legal language and its translation into other languages. Final section is dedicated to the purely practical chapter number five centring around the analysis of the legal terminology of support obligations. This bachelor's thesis concludes a bilingual glossary and résumé in French.
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The issue of maintenance and maintenance rights in law of the Czech republic
Skalická, Michaela ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The issue of maintenance and maintenance rights in Czech law This diploma thesis deals with legal regulation of maintenance and maintenance rights in the Czech historical context. The legislation of the Czech Republic is compared with the regulation of the Slovak Republic. The first part describes the historical development of this regulation, from the time of Roman law to the present. It also explains the meaning of the term "maintenance" and "maintenance duty" and the difference between these terms. As a follow-up, other parts of the diploma thesis deal with the various types of maintenance obligations that exist in the current Czech law. For each type of obligation, the manner of its origin, the way of determining its extent and the duration of its duration are described. For the sake of completeness of this issue, the thesis contains a part dealing with the frequency of individual types of maintenance obligations in proceedings before the courts, general assumptions for the award of maintenance, ways of its fulfillment, maturity and possibility of changing the amount of the maintenance obligation. The next section deals with the procedural issues of the maintenance and maintenance obligations, namely the possibility of including maintenance, the limitation of the right to maintenance and the...
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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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Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Chvátalová, Petra ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
This master's thesis is concerned with an issue of the crime of Evasion of Alimony Payments under s. 196 of the Criminal Code. Next to this primary provision is this issue included in the next following provisions of the Criminal Code, namely under s. 196a of the Criminal Code, regulating still relatively new provision of punishment, and under s. 197 of Criminal Code, special provision relating to Effective Repetance. The main aim of this thesis is a comprehensive explanation of all aspects of this crime, increased attention has been paid to potential decriminalization or partial legal regulation of this crime into the future. Purpose of the crime of Evasion of Alimony Payments is interest of the society of proper fulfilment of the statutory duty to maintain subsistence between the family members. With the reference to appearing of this crime entirely in connection with evasion of the statutory duty to maintain subsistence toward the childern, emphasis was put on this part of issue during the writing this thesis. This master's thesis is divided into 12 chapters, introduction and conclusion. Special attention is given to the essential aspects and decription of this crime, hist short analysis of the criminological aspects and historical evalution of this crime in the first three chapters of the...
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