|
| |
|
|
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...
|
|
|
Selected Problems of Maintenance with Particular Focus on Good Morals
Brůnová, Martina ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The diploma thesis, Selected Problems of Maintenance with Particular Focus on Good Morals, deals with legal matters of maintenance mainly in connection to the aspect of good morals (boni mores) which represents the principal of equity and is the moral extension of legal provisions under the law of the Czech Republic. The purpose of the thesis is to identify the most frequent issues that are being dealt with and describe their legal solution in accordance with the legislation valid and effective till the end of 2013 and under the new legislation after the recodification of the Czech civil law, effective from the 1st of January 2014. The doctrine of boni mores and legal provisions regarding maintenance have both met some changes in terms of interpretation and application since the recodification. Maintenance and good morals are researched together, they are researched one in connection to the other one, in this diploma thesis because the previous legislation established a special linkage between them which resulted in a considerable amount of case law that needs to be revisited. The thesis is divided into 5 chapters which are further divided into subchapters. The first chapter is focused on the theoretical basis of the doctrine of boni mores, the role it plays in the Czech legal system, the meaning...
|
|
|
Maintenance between spouses, maintenance between former spouses, maintenance between civil partners
Kočí, Petra ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Maintenance between spouses, maintenance between former spouses, maintenance between civil partners Abstract The diploma thesis deals with maintenance between spouses during marriage and after divorce and maintenance between civil partners. The maintenance duty and right for maintenance is recently a discussed topic, particularly due to high divorce rate. It is not a novelty that a divorce of a marriage or termination of a civil partnership strongly influences all of the partaking not only emotionally, but also economically. Exactly in these cases, the law provides a protection to the economically weak members of a family in a form of maintenance institutes. The biggest attention is usually dedicated to the maintenance and support of a minor. The other kinds of maintenance are not mentioned very often. The aim of this work is to analyse current legal regulation of the above mentioned institutes in the Czech legal order and compare it to the already repealed Family Act. After the recent Civil Law recodification, most of the relevant provisions were integrated to The Civil Code. Nevertheless, its content was not fundamentally changed. The thesis is basically divided into four main parts. The first and the most important part deals with the substantive regulations of all the above mentioned institutes. It...
|
|
|
The Bill of Advance Alimony in Context of Theory Social Construction of Target Population
Horčicová, Magda ; Hejzlarová, Eva (advisor) ; Novotný, Vilém (referee)
The Bachelor thesis is focused on the alimony, it's possible outcomes and the possibilities of a parent to enforce the decisions regarding alimony. Although the alimony is assigned to the child, the author shall demonstrate the effect of the alimony related proceedings on a parent with custody of the child. The author shall focus the demonstration on single mothers. The thesis is worked out as a case study. The data were obtained from the key subjects of the process regarding alimony (such as the Ministries, non-profit organizations and The Chamber of executors), the data were further obtained from the Czech statistical office. The new Bill on advance alimony is analyzed through the theory of social construction of target population by Schneider and Ingram. At first, he Bill might seem helpful. However, deeper analyses and discussions show the faults of the Bill. The author shall demonstrate that the Bill can be even harmful for the single mothers and can result in their inability to reach for the help in the time of need. The single mothers would be paid the alimony seven or eight months after the time when the father stopped paying the alimony. After careful evaluation of the process, the author believes that the single mother would have no guarantee of ever receiving the alimony. The Bill also...
|
|
|
Marriage
Daňková, Jana ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
70 ABSTRACT The topic of my Master's degree thesis is institution of "Marriage". I chose this topic because I am interested in family law and I would like to be an attorney focusing on this area of law in future. I also think that marriage is an important legal and social institute, which proves its long-standing history. This thesis reflects the historical development of the law but it mainly deals with legislation in force. Specifically it deals with the origin of marriage, dissolution of marriage and the legal consequences that legal negotiation brings. I also pay attention to the legal regulation of rights and responsibilities of spouses. The thesis is divided into five chapters. The first chapter is dedicated to an introduction. The next three chapters deal with the actual institution of marriage and its aspects. The fifth and last chapter is the conclusion. In addition to these chapters thesis contains the Content, the Bibliography and the Annexes. The second chapter describes the historical development of legal regulation of marriage. This chapter is divided into two subchapters, the first of which is devoted to marriage in Roman law and the other depicts the development of legislation marriage on Czech territory. Chapter Three discusses legislation in force of marriage in the Czech Republic and...
|
|
|
The Table for Determination of Alimony - the Role and Efficiency in Judicial Practice
Dvořáková, Jitka ; Pavlík, Petr (advisor) ; Čermáková, Marie (referee)
Three years ago, the Ministry of Justice in the Czech Republic stated in judicial practice a recommending table whose intention was to unify the decision-making practice of courts in determining of alimony. The table should rectify a vague treatment of the maintenance obligations, guarantee a legal certainty for all participants and predictability of decisions. The alimony often covers only a part of all costs for a child under conditions that it is paid. The situation is even more problematic because the single-parent families with minors usually belong to the households which are mostly threatened by poverty. These families are most often headed by woman, who bears the brunt of caretaker and breadwinner roles. Their role is also influenced by the disadvantageous position at a labour market. The result of all these factors is usually a feminization of poverty and transmission of the standard of living from a mother to a child. My research interviews were focused on the fact if the table is used in practice. I evaluate its efficiency and represent modifications suggested by the courts. The analysis showed that not all courts use the table or use it at different levels. It is a consequence of reading of the word "recommending". This fact indicates a neglect of any need to use and a broader context...
|
|
|
Property impact related to divorce
Paseková, Martina ; Hendrychová, Michaela (advisor) ; Radvanová, Senta (referee)
Divorce is a legal act of marriage termination. It is a moral and legal problem effecting all the spheres of social and family lives of the parties, intervening mainly the property sphere of social lives of a couple, concretely the common property of a married couple, living of a married couple and upbringing and maintenance of their under age children. Within my thesis named "Property impact related to divorce" I will pursue these three property spheres affected by divorce. The aim of my thesis is to find the best way how to proceed in cases the marriage is deeply and constantly ruptured and the only solution to discontinue the mutual disputes is to divorce. In such cases the married couple appears in a new and for them unknown situation in which they will have to solve the issue of future upbringing, maintenance of their children, division of the common property and the question of living. If the partners are not able to communicate with each other and try to solve the whole situation, then the divorce can set off lengthy, financially demanding and mutually devastating conflicts, which can influence their further life and primarily lives of their children who suffer from divorce the most since they lose their life certainty which are both parents and common family environment and appear, not at...
|
|
|
Relevant aspects for determining the amout of maintenance obligations of parents to children"
Žižka, Petr ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
Relevant aspects for determining the amout of maintenance obligations of parents to children Abstract In my paper I engaged myself with a topic of maitenance towards to adolescent children, in the meaning of how these payments are set and what is needed to be considered by during the process of admiting the maitenance. Paper itself is extended by expert publications, texts and opinions of profesional, taken during their long practises in jurisdiction. First chapters of my paper are concieved as therotecial introductions to the issue. In introduction you can find brief informations about the headwords wiedly used in the matter of maitenance and explaining the basics, like how and when the maitenance is admited. Next part of the introduction is basic informations about different types of maitenance and comparing their similarities and differences. This part of paper provides a complex look on the whole issue of legal regulations of maitenance in the Czech Republic, and also provides to reader a possibilty to debate how to pass through the imperfections, with the consideration of the legal regulations in other countries, already done attempts to overcome the imperfections and expert opinions from the jurisdiction experiences. The main accent of the paper is focuesed on the part talking about the classification...
|
|
|
Lone-parent families as a public policy problem: stakeholders' frame reflection and reframing
Hejzlarová, Eva ; Veselý, Arnošt (advisor) ; Krebs, Vojtěch (referee) ; Matoušek, Oldřich (referee) ; Žižková, Jana (referee)
The main theme of the work is finding an answer to the question why in the past years Czech Parliament has failed to enforce measures improving the quality of life of lone-parent families, and what could be done for these measures to be adopted. Theoretical support for answering both questions is provided by a) frame analysis (Schőn and Rein), which works with the idea of conflicting frames and bridging conflicts through reframing, and b) the theory of social construction of target groups (Schneider and Ingram). Based on an analysis of stenographic minutes from proceedings dealing with the issue of non-payment of child support (in particular with proposals for the state to pay child support first and then to receive it from the obligor) and the arrangements connected to child custody (in particular the proposal to strengthen alternating custody), conflicting frames are reconstructed (in the case of non-payment, there are three conflicting frames, in the case of child custody two). These conflicting frames, or rather the fact that they are insufficiently addressed, may be the cause of the incapacity of Czech political representation to address the above agenda. An "efficient penalizing of the debtor" is described as a possible reframing of the problem in the field of non-payment of child support....
|
guest ::
