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Incomplete adoption and its legal consequences
Vampolová, Gabriela ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Incomplete adoption and its legal consequences Abstract This diploma thesis focus on the analysis of Czech legislation of incomplete adoption and its legal consequences. Incomplete adoption in Czech legislation is understood as a adoption of full age person. This legal institut was adjusted in the Czech legal system until 1950, then it disappeared from the Czech legal adjustment and was re-introduced with approval of Act No. 89/2012 coll., The Civil Code. Contemporary legislation distinguishes between two types of a full age adoption, namely adoption, which is similar to the adoption of a under age person, and adoption, which is not similar to the adoption of a under age person.The distinction between these two types of a full age adoption, in contrast to the distinction between complete and incomplete adoption, is evident from the legal adjustment in The Civil Code, where each of the mentioned types of full age adoption is adjusted in a separate legal provision. The first part of the work deals with the single concept of adoption, its development and possible ways of division, most of which in this part of the work focus on the division of adoption into complete and incomplete. What can be considered as incomplete adoption in the Czech legislation has already been stated, it is therefore necessary to state...
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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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Establishment and revocation of adoption in our country and in other legal systems
Němec, Viktor ; Frinta, Ondřej (referee)
Establishment and revocation of adoption in our country and in other legal systems Abstract The diploma thesis is devoted to the establishment and revocation of the adoption of a minor child in the Czech Republic, the Netherlands and the Australian state of New South Wales. The thesis consists of an introduction, seven parts and a conclusion. In the first part the author deals with the historical development of the institute of adoption in the Czech territory, explaining the idea and conception of adoption according to Czech Civil Code and its division according to theoretical typology. The second part discusses the conditions of adoption. The author pays special attention to the position of the child and his / her best interest, as discussed by Czech law and international human rights conventions. Further explanation is focused on adopter and the position of child's parents. The third part of this thesis is focused on adoption service and adoption's procedurals in the court. In this section, the author describes how the child is adopted. It also deals with the legal position of persons involved in the proceedings, representation and proceedings obstacles. In the fourth part, attention is focused on the consequences of adoption decisions for the child and other persons. The author emphasizes the difference...
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Interest of the child and divorce of parents in Czech and Norwegian law
Andršová, Petra ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Interest of the child and divorce of parents in the Czech and Norwegian Law Abstract The aim of this rigorosum thesis is to describe, analyze and compare current legislation of divorce of marriage in families with under-aged children, parental responsibility after divorce, and individual post-divorce living arrangements in the Czech Republic and Norway. The thesis defines the best interest of the child and evaluates how it is perceived, met and protected during the divorce in the Czech and Norwegian legislation. It further covers the role and competence of the child protective services in both countries. The thesis is divided into seven sections. The first section is dedicated to the concept of legislation of divorce in families with children and their protection. The second section covers the key terminology of the thesis - the best interest of the child and child welfare. The third, main section of the thesis describes and analyzes individual criteria, which are decisive for the regulation of the circumstances of a child during the divorce of marriage. The chosen division of the thesis reflects the judicature of the Czech Constitutional Court and individual criteria are completed by the judgements of the European Court of Human Rights. The fourth section of the thesis deals with parental responsibility...
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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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Establishment and revocation of adoption in our country and in other legal systems
Němec, Viktor ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Establishment and revocation of adoption in our country and in other legal systems Abstract The diploma thesis is devoted to the establishment and revocation of the adoption of a minor child in the Czech Republic, the Netherlands and the Australian state of New South Wales. The thesis consists of an introduction, seven parts and a conclusion. In the first part the author deals with the historical development of the institute of adoption in the Czech territory, explaining the idea and conception of adoption according to Czech Civil Code and its division according to theoretical typology. The second part discusses the conditions of adoption. The author pays special attention to the position of the child and his / her best interest, as discussed by Czech law and international human rights conventions. Further explanation is focused on adopter and the position of child's parents. The third part of this thesis is focused on adoption service and adoption's procedurals in the court. In this section, the author describes how the child is adopted. It also deals with the legal position of persons involved in the proceedings, representation and proceedings obstacles. In the fourth part, attention is focused on the consequences of adoption decisions for the child and other persons. The author emphasizes the difference...
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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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Models of Post-Divorce Child Care in the Czech Republic and in Italy
Argalášová, Marta ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Models of Post-Divorce Child Care in the Czech Republic and in Italy Abstract The topic of the thesis is a comparative approach to the institute of post-divorce childcare in the Czech Republic and in Italy. Decision-making about family arrangements after the divorce and separation of parents is related to a choice of the right model of post-divorce childcare, which the law of different countries offers. This decision implicates, in itself, also a decision on the right of access and maintenance, therefore a decision on childcare. The introductory part of this thesis is dedicated to a historical excursus on the development of family law in both countries, which enables the reader to understand current legislation and its background. A substantial part of the thesis is dedicated to the institute of divorce itself, since it is considered the starting-point for the decision about post-divorce childcare. The differences between the concept of divorce in the Czech Republic and in Italy are crucial for the following post-separation childcare decision-making. The so-called two-phase divorce in Italy makes a great difference in the decision-making about post-divorce childcare in both countries. The main part of the thesis offers a comparison of post-divorce childcare and the introduction of single models of...
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