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Guardianship and other forms of care of minors
Fidrmucová, Anna ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee) ; Spoustová, Ivana (referee)
Guardianship and other forms of care of minors Abstract The objective of this thesis is to analyse the legal possibilities in problematic situations when parents are not capable of caring for their children due to objective or subjective barriers on their sides. These possibilities are enshrined in the second part, Title III., § 928 - § 975 of the Civil Code of the Czech Republic. In order to derive recommendations for the Czech legal system, particularly with regard to the work overload of judges for minors in the Czech Republic, these regulations will subsequently be compared to the legal situation in France which is mainly determined by the Code civil and the Code de l'action sociale et des familles. The comparison namely includes critical juxtapositions of tutorship, curatorship, entrusting a child to the care of another person, foster care and placing a child in the children's home. Hereby, the content, purpose and requirements of the legal bases for these areas in both countries are presented and contrasted. Thus, the differences are highlighted, evaluated and analysed with regard to the effectiveness and the level of protection of rights which is assured in the countries. This thesis is divided into fourteen chapters, starting with the first two chapters covering the topics tutorship and curatorship...
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Assistance to victims of crime as a potential interest of a selected segment of helping professions
VOLÁROVÁ, Andrea
The bachelor's thesis deals with the topic of assistance to victims of crime as a potential interest of a selected segment of helping professions. The main objective of the bachelor's thesis was to find out how society provides assistance to minor victims and if assistance provided meets the needs of the minors who have been victims of a crime. The bachelor's thesis is divided into two parts; a theoretical part and a research. The theoretical part focuses on defining the rights of minor victims in the Czech Republic; then it describes crimes committed against minors. Great emphasis is put on the issues of relatively frequent CAN syndrome; and the final section provides a list of helping organisations that deal with the issues of minor victims of crime. The research part is based on a qualitative research strategy. Monographic method and content analysis were employed to obtain data. Then there was employed structured interview technique that used a set of 11 open questions. The results of the qualitative research showed that respondents from the helping organisations tend to agree with the statement that the assistance provided to minor victims of a crime is sufficient to their needs. The needs of minor victims were identified by the respondents following their experience gained through work with minor victims. The thesis mentions respondents that would improve assistance provided to the victims and also respondents that do not agree with the statement; such respondents believe that the needs of victims are not met at all. The research results will serve as an information source for professionals in organisations providing assistance to minor victims of crime.
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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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Correspodence between quantoids and matroids
Miklín, Vojtěch ; Matúš, František (advisor) ; Mohammadi, Fatemeh (referee)
The notion of quantoid is an analogy to the notion of matroid in the context of quantum realm. This thesis summarizes basic properties of quantoids and the correspondence between quantoids and selfdual matroids. A new set of axioms is derived as an alternative to the set which was used as the original definition of quantoid. A catalog enumerating all quantoids with the size of their ground set up to 5 elements is attached in the appendix and a larger database of quantoids (up to 7 elements in the ground set) is enclosed as an attachment of this thesis.
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Informed consent of minors and persons with limited legal capacity
Vráblová, Barbora ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Informed consent presents interesting legal and ethical challenges that have been widely discussed both in Czech and foreign literature. Significant portion of the literature is concerned with a relationship between doctors and their patients and with the historical development of this relationship or with the principle of autonomy as one of the fundamental principles in the area of healthcare provision. Issues related to informed consent of minors or persons with limited legal capacity are often given only small amount of scholarly attention. It is for this reason that this diploma thesis deals solely with the issues related to the health care provided to minors and persons with limited legal capacity. The aim of this thesis is to create an integrated overview of the law regulating informed consent of these persons, to introduce the most important changes that have been made in recent years by the Act on Health Services and Conditions of Their Provision and by the Civil Code, and finally to add some of my reflections on selected issues which I find particularly problematic. The sixth chapter of the thesis focuses on a comparison between the Czech law and the English common law regulating informed consent of minors and persons with limited legal capacity. The issues of informed consent is an...
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Child custody proceedings
Hynková, Helena ; Macková, Alena (advisor) ; Frintová, Dita (referee)
This rigorous thesis deals with the proceedings of custody of minors after their parents divorce or as a consequent of their brake-up if the parents were unmarried and did not make and agreement. The first part of the thesis focuses on the current legistation of substantive law, the second part describes the proceedings in detail and the last part focuses on the selected issues which should be discussed in detail. The conclusion sums up the negatives of the legislations and practical problems which often appears.
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Judicial decision-making about placing a child into institutional care
Hadamčíková, Miluše ; Macková, Alena (advisor) ; Frinta, Ondřej (referee)
The aim of this thesis is to provide a coherent view of the issue of judicial decision- making about placing a child into institutional care. The base is a determination of the constitutional basis of the right of the state to intervene in family relationships and its simultaneous obligation to act within the child's interest. The first chapter of the thesis gives an insight into key provisions of relevant international treaties and it also offers an overview of conclusions of the European Court of Human Rights case law concerning the right to private and family life. The main part of the thesis occupies with the analysis of the substantial legislation of the institutional care, including European Court of Human Rights case law related to the subject. The following chapter deals with the procedural aspects of the judicial decision-making in the affairs of institutional care. The attention is focused on the principle of the best interests of the child and on the implementation of the procedural rights of the child, especially his or her right to be heard. In the context of the theme the actual recodification of civil law is reflected, as well as the Slovak legislation. The final chapter contains a description of elemental features of the French system regarding endangered children and some...
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Tutorship
Kanásová Hriadelová, Kristína ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
1 RESUME This Honours Project has a character of comaparing theory. It is devided into six chapters. In the first chapter is specified The Office of the Public Guardian. The second chapter is focused on historical development and is devided into four sub- chapters. The special guardianship regulations from the times of Roman law all the way to the latest history are discussed in these four sub-chapters. The third chapter is comparing The special guardianship regulations of The family law number 94/1963 of Civil Code which was subsituted by new law 89/2012 of Civil Code valid from 1st January 2014. It is comparing the special The fourth chapter called The guardian ad litem and other forms of guardianship is describing the these forms by the valid Special guardianship regulations and comparing with The guardian ad litem. The fifth chapter is focusing on the guardian's allowance for the personal use of the minor. The last sixth chapter gives us the characteristics of current social and legal children protection system in Czech Republic. They include a closer specifiation of Divisions of the public sector effecting. Keywords: Guardianship Guardian ad litem Ward Minor Parents Parent's responsibilities Care 2 Family Divisions of social and legal children protection Protection
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The minor in civil procedure
Sladká Hyklová, Jana ; Macková, Alena (advisor) ; Winterová, Alena (referee) ; Uhlíř, David (referee)
The Minor in the Civil Procedure JUDr. Jana Sladká Hyklová Abstract The thesis deals with the topic of the minor in civil procedure. This topic has not been yet properly compiled in Czech legal literature although the issues of participation of minors within civil proceedings are still actual and their importance is increasing. The basic legal source covering the chosen topic is Act No. 99/1963 Coll., Civil Procedure Code, which had to be amended more than 120 times. Procedural law in family law matters, which form substantial part of the content of this thesis topic, is firmly connected with substantive law. Substantive legislation is nowadays represented by Civil Code and Family Law, which are supposed to be replaced on 1 January 2014 with new code of civil law, Civil Code (Act No. 89/2012 Coll.). This is the reason why the thesis pays attention to the existing legislation as well as to novelties brought by the new code. Where needed, an analysis of new legislation in terms of proper procedural protection of the rights of minors is provided. New legislation of civil law brings the question of preparation of appropriate procedural code. On spring 2012 the draft of law of non contentious procedure which includes main principles and outline of this brand new procedural regulation was published. Where...
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