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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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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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The Specifics of Interrogation of Minors
Földešová, Markéta ; Krupička, Jiří (advisor) ; Konrád, Zdeněk (referee)
This thesis deals with interrogation of minors in course of criminal proceedings. In particular, the aim of the thesis is to basically describe differences between interrogations of minors and interrogation of adults categorised by individual procedural positions. The text focuses on interrogation of youngsters less than 18 years old in the position of witnesses. The thesis also discourses upon interrogation of minor perpetrators of criminal activity under the Juvenile Justice Act (in Czech zákon o soudnictví ve věcech mládeže) and takes into account provisions of the Criminal Victims Act (in Czech zákon o obětech trestných činů) focusing on right of interrogated victims on protection from secondary victimisation. The first chapter introduces point of view of individual branches of science in respect of the described topic of the thesis. The chapter determines fundamental terms used in the thesis, in particular the following terms: minor, interrogation and testimony. The characteristics of the possible procedural positions of minors follows, as the procedural position of the interrogated person strongly influences the choice of interrogation tactics. The second chapter summarises psychological findings about peculiarities of psyche of minors, its development and specific psychological factors which...
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A minor as debtor in proceedings to enforce judgment (by judicial officers or private enforcement agents)
Procházková, Michaela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This Master's thesis describes the position of a minor debtor in enforcement proceedings. The aim of this thesis it to, first, provide with a complex summary of the issue, concerning primarily topical questions which are discussed by experts in connection with childrens' indebbtedness, and second, to further identify the key drawbacks regarding the enforcement proceedings against minor debtors, with an offer for a solution. The thesis is subdivided into two parts. In the first part, there is the notion of a minor defined - for the purposes of this text, a minor is a person who is younger than eighteen years old and, concurrently, who was not emancipated by a court. The following chapters describe the protection of a minor in the legal system in general, where there are principles of best interest of a child and the right of a child to be respected in their opinion described. Further, the procedural protection of a minor is discussed, concerning primarily the procedural specifics of trials where a minor is a party to the case, including enforcement proceedings. Proper representation of a minor and provision of information to minors is emphasized within the chapter. At the very beginning of the second part, enforcement proceedings is described, and then the particulars of this proceedings are...
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Casual link between leisure activities and juvenile crime
KUBINEC, Patrik
This thesis presents the relation between the manifestations of crime and the use of leisure time among youth, which were searched in the research, the delinquent behavior of minors and adolescents, who are committed to the delinquency Prachatice, in the years 2009-2012, assuming that young offenders are commit crimes, as the most serious degree of risk behavior, almost always in my spare time. In this work the author tries to find out what connection can be found between youth criminal manifestations and use of leisure time of youth.
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Minor as a victim of domestic violence
HORALOVÁ, Nela
Domestic violence against children is a serious social problem, characterized by high latency. According to expert estimates, in the Czech Republic is abused to forty thousand children, but mostly the violence is not revealed and persists throughout childhood, because the child is not able to obtain help. Interest of the society in this issue is still growing, which is very good, as the life and health of an abused child often depends on mindfulness of other people and timely notice of facts which suggest abuse. This thesis deals with the issue of domestic violence against underage victims. The aim is to give a comprehensive characteristic of domestic violence and give the information about the specifics of investigation of domestic violence against minors and about the possibilities of help to child victims. The first chapter deals with definition of domestic violence and a main signs of domestic violence. It also deals with the typology of perpetrators and victims. In the second chapter I analyze the various forms of child abuse and neglect and I deal with the problem of alternative education and way of life as one of the possible form of child abuse. Thesis is also occupied with the statistics and current legislation that solve this issue. The fifth chapter discusses the possibilities of assistance to child victims of domestic violence. The last chapter deals with the issue of investigations of domestic violence against children focus on the interrogation of a minor, because the method of execution the interrogation can affect the whole investigation and can have very serious psychological consequences for the victim.
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Work with Gipsy Youth in ´Low-doorsil´Facilities in České Budějovice
HRUBÝ, Filip
The work is focused on specifics of Gipsies, methods of work with Gipsy youth and its use in ´low-doorsill´ organizations for children and young people in České Budějovice. The first chapter explains who Gipsies are, their origin and brief history. The second chapter characterizes specifics of Gipsy ethnic group and the barriers in their integration into the society. The third chapter describes the key elements in the work with Gipsy youth. The fourth practical chapter tries to sketch using these methods in practice. It is based on a questionnaire survey. The guestionnaires were filled by workers of ´low-doorsill´ organizations for children and young people in České Budějovice, who work with Gipsies.
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