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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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Comparative analysis of Czech and French legislation of matrimony and the legal French terminology including a glossary
KAČEROVÁ, Lucie
The thesis deals with particularised comparison of marriage in the Czech and French law system. The first part of this thesis explains the principal words such as marriage and divorce and their different conceptions and definitions between two cultures. Most important part of this thesis is comparative analysis of marriage solemnizations in the Czech Republic and in France as well as divorce in these two European countries. The language part of the thesis is set up of the analysis of French terms and Czech-French terminology vocabulary. The thesis contributes to understand the knowledge of Czech and French legal systems in the terms of family law.
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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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Comparative analysis of the Czech and French law dealing with maintenance obligation and analysis of the relevant legal terminology
PETROVÁ, Kristýna
The aim of this bachelor thesis is to assess the degree of difference or similarity between the Czech and French legal support obligations. The content of this work is divided into five chapters; with the first section fo-cusing on the theoretical aspect of this thesis. Chapter number one opens with a description of family law in the Czech Republic and France; giving a brief introduction to its history, sources and structure. The second chapter is devoted to all kinds of support obligations in the applicable family law of both law systems. The third chapter presents a comparative analysis of family law and support obligations in the fore-mentioned countries. The fourth chapter briefly introduces the specific features of the legal language and its translation into other languages. Final section is dedicated to the purely practical chapter number five centring around the analysis of the legal terminology of support obligations. This bachelor's thesis concludes a bilingual glossary and résumé in French.
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Adoption according to New Civil Code
SOUKUPOVÁ, Kateřina
The theme of the bachelor thesis is an institute of an adoption under the new Civil Code, Act No. 89/2012 Coll., which brought big changes to the entire private law with the effect from January 1st 2014. The theoretical part tries to bring a comprehensive view of the adoption, as one of the foster care forms and describes the most fundamental changes that have occurred with the effect of the new Civil Code. Firstly, it explains the basic concepts of the Family Law, such as family, kinship and foster care that are necessary for the overall orientation in the issue. Over the following seven subchapters the thesis deals, at first with the adoption as one of the main alternative family care forms; with the adoptive parents and the adopted child; with the consent of the adoption and the associated conditions; with the care before the adoption, which has undergone a substantial change compared to the previous regulation; also consequences of an adoption; the eventual annulment of an adoption, and the last subchapter discusses the adoption of an adult, which appears with the new Civil Code as a completely new institution. The theoretical part is processed by the analysis method of the issue with a partial comparison with the legislation effective till December 31st 2013. In the empirical part of the bachelor thesis is applied the qualitative research method using the structured interview techniques. The aim of this part of the thesis was to ascertain the views of the workers of the Department of Social Child Protection, Foster Care Department in Ceske Budejovice about the new legislation in practice, evaluation of its contribution, or conversely the negatives. The final section incorporates the research results with the answer to the research question, clearly presented acquired data as well as the idea of further research topic is attached.
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Analysis of the Czech and Spanish legal terminology in Family Law of Mexico
VEDROVÁ, Tereza
Bachelor thesis deals with Czech and Mexican legal terminology of the family law. The aim of my thesis is to analyze legislation of adoption and other forms of child care in the Czech Republic and Mexico, to create a comparison of legal adjustments of both countries, with highlighting the fundamental similarities and differences between them. This thesis is divided into practical and theoretical part. Theoretical part has two key chapters, including several sub-chapters. Practical part is composed of three sub-chapters, dealing with aspects of legal language in theory. Last, fourth, chapter is dedicated to analysis of legal language in practice. In the first chapter of the theoretical part I describe family law in general, its sources, principles and historical development in both compared countries. The second chapter is dedicated to the specific area of family law- adoption and other forms of child care. The practical part deals with the characteristics of legal language, the translation of legal terms from the source to the target language and contains analysis of legal terminology of Mexican family law. The thesis includes also bilingual glossary and summary in Spanish.
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Adoption in a Wiewpoint of the Czech Legal System and the International Treaties (Critical Comparative Study)
Hrubešová, Nikola ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The presented master thesis deals with the issue of adoption of a child, both from the viewpoint of international treaties, as well as the Czech law. The attention is paid to the comparison between the relevant provisions in the Civil Code and the rules contained in the international treaties. Also the way in which the Czech republic reflected the requirements imposed by international treaties is evaluated. The thesis contains an introduction; it is further divided into six chapters and ended with conclusion. First chapter is dedicated to the concept of adoption and the perception under the effective legislation. This chapter also enumerates the particular international treaties, which deal with the adoption and lay down the fundamental requirements for national regulations of the State parties. The second chapter defines the types of adoption including the brief characteristics and description of the main dissimilarities. Due to a certain controversy, the matter of revocation (annulment) of adoption and irrevocable adoption is discussed in more detail. The third chapter introduces the general conditions for the realization of adoption. These are, in particular, the conditions to be met by the adopter or adopters, but some of them are to be met by the adoptee itself or can be based on the specific...
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The issue of maintenance and maintenance rights in law of the Czech republic
Skalická, Michaela ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The issue of maintenance and maintenance rights in Czech law This diploma thesis deals with legal regulation of maintenance and maintenance rights in the Czech historical context. The legislation of the Czech Republic is compared with the regulation of the Slovak Republic. The first part describes the historical development of this regulation, from the time of Roman law to the present. It also explains the meaning of the term "maintenance" and "maintenance duty" and the difference between these terms. As a follow-up, other parts of the diploma thesis deal with the various types of maintenance obligations that exist in the current Czech law. For each type of obligation, the manner of its origin, the way of determining its extent and the duration of its duration are described. For the sake of completeness of this issue, the thesis contains a part dealing with the frequency of individual types of maintenance obligations in proceedings before the courts, general assumptions for the award of maintenance, ways of its fulfillment, maturity and possibility of changing the amount of the maintenance obligation. The next section deals with the procedural issues of the maintenance and maintenance obligations, namely the possibility of including maintenance, the limitation of the right to maintenance and the...
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Rights and responsibilities of fosterparents
Borecká, Martina ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Diese Arbeit beschäftigt sich vor allem mit dem Thema der Pflegschaft, sowie mit den anderen Formen der Pflege um das Kind. In der Arbeit werden die Entwicklung und die rechtliche Regelung der Pflegschaft behandelt. Die Entstehung der Pflegeförderung tritt auf, wenn die leiblichen Eltern gehindert sind, sich um ihr eigenes Kind kümmern zu können. Diese Hindernisse können kurzfristiger oder dauerhafter Natur sein. Die Pflegschaft kann in die individuelle Pflege und Gruppenpflege unterteilt werden. Ein Beispiel für die Gruppenpflege sind die SOS-Kinderdörfer. Wenn das Kind einer fremden Person anvertraut wird, steht am Anfang des ganzen Prozesses die Eintragung des Antragstellers in das Register, weiter folgt die Phase der Vorbereitung und dann die Vermittlung der Pflege. Die Rechte und Pflichten der Pflegeeltern sind durch das Bürgerliche Gesetzbuch und durch das Gesetz über den Sozial- rechtlichen Schutz des Kindes bestimmt. Die Grundpflicht der Pflegeeltern sowie ihr Grundrecht bestehen darin, sich um das Kind so persönlich zu kümmern, dass es sich gut entwickelt. Die Pflegeeltern sind dazu verpflichtet, die leiblichen Eltern über die Entwicklung des Kindes zu informieren, denn über alle wesentlichen Dinge wird von den leiblichen Eltern entschieden, beziehungsweise, wenn das Kind kein Elternteil hat, vom...
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