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Legal capacity and related legal proceedings
Chalupská, Lenka ; Macková, Alena (advisor) ; Frintová, Dita (referee)
The aim of this thesis named "Legal capacity and related legal proceedings" is to introduce legal capacity and related legal proceedings with the focus on the procedural legislation. Legal capacity is a natural component of each natural person and it is not allowed to be removed. Legal capacity is acquired at birth and is retained until death. Sometime, due to protection of rights of a person, legal capacity might be restricted. This thesis is divided up into ten parts. The largerst part is focused on legal proceeding which lead to restriction of a person's legal capacity, ie. restriction of an aspect of personal status. Nevertheless, the thesis introduces also legal proceeding leading to prolongation of time of legal capacity restrictions and proceeding concerning legal capacity of a child. The custody of persons limited in legal capacity and related legal proceeding are introduced in the thesis as well. This proceeding and proceeding of legal capacity are conjoined to each other, which is the reason why this subject may not be omitted. This part describes the process of choosing the right person as a curator. The author also shows that several misunderstandings and misinterpretations occured after Civil Code came into force on the 1st of January 2014. The author also presents her considerations...
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Guardianship in the Czech Republic
Dušková, Karina ; Krahulcová, Beáta (advisor) ; Válková, Monika (referee)
The diploma thesis deals with guardianship for people with mental illness. The tehoretical part is divided into six chapters, where the concept of mental disorder is defined within various documents. Furthermore the process of stigmatization, both from the family and the health care professionals, is also discussed here as self - esteem as a serious consequence of society's access to mental illness. The student also mentioned the process of providing psychiatric care, outlined the reform of psychatric care as a significant milestone in health care. A greta part of the theory consits od a complete description of a guardianship and self - administration. The last chapter focuses on social work with people with mental illnesss. The practical part aims to find out how the guardianship system for people with mental disorders works and how custodians loom at guardianship. The student used qualitative surveys ans semi - structured interviews. Using open encoding , several categories were identified and then responded to the main research question.
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Legal capacity proceedings
Palánová, Petra ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
This thesis deals with the legal capacity proceedings, which are the procedural reflection of legislation of restriction on legal capacity included in the Civil code. The legal capacity is the key legal institution for the human possibility to make a juridical acts. In some cases, it is neccessary, for the reason of protection of human, to restrict on the legal capacity, eventually to choose another preferable measure. Procedural regulation of these proceedings is, with effect from 1. 1. 2014, contained in the Code on Special Court Proceedings (Act No. 292/2013 Coll.), as it comprises certain derogations from classic contentious proceedings. The aim of the thesis is to comprehensively summarise and interpret this legislation including her relation on the substantive regulation, point out her faults and propose options, how to remove them. To this purpose, opinions of experts and present case law regarding these matters are in the thesis also confronted. The thesis consists of three main chapters, which are subdivided into some subchapters and sections. The content of this three chapters is the general delimitation of legal capacity, the excursion into the history of legal capacity and the procedural regulation of the legal capacity proceedings. The aim of the first chapter is to introduce the concept of...
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The municipality as a public guardian
Kapičková, Kateřina ; Dobiášová, Karolína (advisor) ; Angelovská, Olga (referee)
Dissertation deal with custodianship of adult persons who are, on the ground of court order, limited their own no legal competention. The main purpose is to describe and explain institutional care adjustment to persons who are limited their legal capacity, and thus give an explanation of public custodianship in the Czech Republic. Custodianship of adult person is set in Civil Code, num. 89/2012, which has brought changes into assessment of legal competention of adult persons. In case, there is no family member who is able to care of no legal competention person, the court enact the village, where is person's permanet address, to be his carer. Public custodianship legislation has been missing up to now, the only document that has been given to help self -government clerks is methodical manual. Besides describing no legal competention care of persons in ny dissertation, I engage in identification problems and putting public custodianship into practise. I identify daily problems of administration workers relating to public custodianship. In empirical part, using qualitative form of research, I interview workers in Liberec district, who work in area of local custodianship.
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Legal capacity of minors in comparison with German Law
Ćwierzová, Simona ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis focuses on legal capacity of minors. Maturity of a person depends on his or her age and the development of a personality is consecutive, therefore each legal system must deal with a question how to incorporate a capacity of minors (going through this development) to cause legal effects with own acts. These persons need a higher degree of protection and a different intensity of control or surveillance. Based on general description of several theoretical approaches to the issue the solution chosen in the Czech Republic and in Germany is being closely analyzed. The text of this thesis is divided into five chapters. Firstly, the Czech legislation concerning the issue is being explained. In the first chapter all the basic terms are defined and also the system of legislation regarding legal capacity is shortly outlined. The second chapter includes detailed analysis of legislation concerning legal capacity of minors. The basic criterion for assessment of capacity to cause legal effects with own acts is intellectual and volitional maturity. This criterion is complemented with special cases of a minor acting with consent of his legal representative, operation of business and performance of dependent work. The thesis also mentions acquisition of full legal capacity before reaching the age of majority...
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The Legal Capacity of Clients Looking for Social Workers
PRŮŠOVÁ, Aneta
The main objective of this work was to find out how social workers perceive a significant legislative change, which relates to the client's legal capacity. The secondary objective was to determine what role social workers have in the process of "client self-management" and how these clients, respectively, their guardians work together. The research was based on conducting interviews with social workers within the South Bohemian Region who are working with clients with limited self-esteem. The conversations were subsequently overwritten and encoded. Depending on the individual codes, the categories were created, which were then shown for a better overview of graphically using diagrams. The opinion of social workers on the legislative change was positive, but this change is still not fully implemented. Decisions on people without them still prevail. The supportive measures to replace the limitations in the lawfulness are virtually absent in practice. It is difficult to look for a solution to this situation, as the creation of new legislation lasted for many years, so it can be assumed that the change in practice will also be evident after several years. The role of a social worker is not very significant according to research. As far as the course of the proceedings is concerned, the social worker does not interfere with it, but rather acts as a client support or a guardian's guardian. When working with clients with limited authority, an individual approach to each individual is important as well as cooperation with the family, in most cases the family member acts as a guardian. Good cooperation between the social worker and the guardian is related to the welfare of the client. The most important and still neglected fact remains that society must accept individuals with disabilities as well as their rights to freedom, independent decision-making and ultimately a happy life.
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Minimum Legal Drinking Age in the U.S.: A Reasonable Exception to Age of Majority?
Lokajíčková, Jana ; Kozák, Kryštof (advisor) ; Raška, Francis (referee)
The MA thesis "Minimum Legal Drinking Age in the U.S.: A Reasonable Exception to Age of Majority?" examines the U.S. legal limit for consumption of alcohol from the perspective of policies aimed at controlling drunk driving because the minimum drinking age was set to twenty-one - higher than the age of majority - in order to reduce drunk-driving fatalities. The thesis analyzes different aspects of this issue and concludes that the high minimum legal drinking, which constitutes a severe limitation of personal freedom of those aged eighteen to twenty, did not fulfill the expectations with which it was introduced in 1984. The thesis suggests alternatives to the high age limit, and examines how and if they are implemented or what prevents their frequent use. The thesis has four parts: one provides basic facts about drinking, driving, and drunk driving in the U.S. society including the attitudes of the public toward the issue. The following part looks into the legal developments of the drinking age limits and legal challenges to the law arranging the age limit for its supposed unconstitutionality. The third chapter looks at the results of scientific research and suggests ways to deal with drunk driving more efficiently. The last part examines what prevents these more effective measures from being widely...
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Legal capacity of minors in Czech and German law
Kočárková, Marta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis is focused on legal capacity of minors. The main issue is an extent and circumstances under which minors are legally incapacitated to oblige themselves and to influence their own legal relationships. The thesis is divided into four main parts. The first part is focused on general definition of legal capacity and the basic concepts of dealing with limited legal capacity. Second part is dealing with evolution of legal capacity from the foundations set by roman law, it's development on Czech territory to the approval of recent civil code and development in Germany. Third part contains an interpretation of German legislation. I pursue the German legislation first because it is very sophisticated and provides us with plenty of vantage points on different aspects of the Czech legislation. The part dedicated to the German legislation subdivided into two chapters, where the first one focuses on general characteristics of the legislation and the principle of graduated legal capacity of minors and the second part deals with minors without legal capacity and minors with limited legal capacity. In the fourth part the Czech legislation is analyzed. First I focus on consideration of minors' capability to act independently with legal effects, then on evaluation of nature of legal acts, representation...
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Right to a Defense of Socially Disadvantaged Groups in the Criminal Proceedings
KUBÁNKOVÁ, Hana
The Right to Counsel is one of a fundamental principle of criminal proceedings. This right is enshrined and governed in § 2, paragraph 13, § 33 and following of Act No. 141/1961 Coll. On Criminal Proceeding (Criminal Procedure). The Right to Counsel is guaranteed, in addition to the Constitutional laws, by the Criminal Procedure Code and the Charter of fundamental rights and freedoms in Article 40, paragraph 3 and also by International Conventions such as the European Convention on Human Rights and Fundamental Freedoms. The target of my Thesis is to clarify the issue of availability of the Right to free Counsel or Counsel for reduced fee for socially disadvantaged groups in criminal proceeding. For the purposes of my Thesis, young, unemployed, handicapped people and people serving in Prison in České Budějovice, are considered to be socially disadvantaged. The Thesis surveys the availability of the rights to counsel for disadvantaged groups in criminal proceedings in the light of valid and effective legislation of the Czech Republic.
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