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Adoption of persons of full age: evolution and comparison of legislation from the General Civil Code to the Civil Code 2012
Linhartová, Eva ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Thesis title: Adoption of persons of full age - evolution and comparison of legislation from the General Civil Code to the Civil Code 2012 This master's thesis focuses on historical evolution of the legal institute of adoption of persons of full age, also known as adoption of an adult or adult adoption. This legal option returned to the Czech family law after more than 60 years of legal history, during which it was prohibited with regard to the former understanding of adoption. The restoration of adult adoption to the Czech legislation was caused by one of the main principles on which the new Civil Code is based, and that is a return to traditional understanding and interpretation of family law within European continental traditions. The first part of this thesis deals with historical evolution of the legal option to adopt an adult person since the ancient Rome epoch, where this institute came from. The adoption had a totally different purpose compared to these days. It served especially the needs of an adoptive father, who wanted to have a successor of his own kin and heir. Roman law later became a model for legislation in the continental Europe. Until the middle of the 20th century, it was allowed to adopt an adult as well as a minor in the Czechoslovakia. This historical epoch of our family law...
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The Law on Divorce and Maintenance Between Former Spouses in the Czech Republic and in Selected European Countries
Mozgová, Kamila ; Hendrychová, Michaela (advisor) ; Králíčková, Zdeňka (referee) ; Dvořák, Bohumil (referee)
A divorce as one of the forms of termination of marriage is enacted in all European laws, being defined as abolishment of an existing marriage during the life of the spouses, pronounced by a competent state body, on the grounds stipulated by the law and within the framework of a prescribed procedural process, with effect ex nunc. One of the characteristics of the current European society is a so-called "family crisis". A manifestation of this crisis is a growing number of unmarried couples and, first of all, a continuously growing number of divorces. A divorce as a social situation became at the beginning of the third millennium an ordinary and acceptable issue for an overwhelming majority of the society, being considered to be an accessible, decisive and effective method for resolving disputes and problems in a marriage. In this respect, the current European legislation also leads to the fact that only a small proportion of divorces today ends by settlement between the partners. However, it is certainly unadvisable to overestimate the importance of the institute of marriage. As regards the general opinion, the law on divorce cannot be made so complicated that it would force the spouses to remain in a non-functional and de facto nonexistent union. In general we presume that upon termination of...
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The Maintenance Obligation
Dlouhá, Markéta ; Hendrychová, Michaela (advisor) ; Dvořák, Jan (referee)
The Maintenance Obligation Resume The thesis is concerning maintenance obligation issue whereas is taking into account all categories of the maintenance obligation. The maintenance obligation is one of the family law juridical institutes that includes number of correlative rights and duties and applies to anyone whether in the position of obligor or obligee. The thesis is aimed to compare legal regulations related to the maintenance obligation presented in the Act no 94/1963 of the Coll. on family, as amended by subsequent acts, with legal enactment in Act no 89/2012 Coll., Civil Code, as amended by subsequent acts. First chapter of the thesis highlights basic terms of the problem as the alimony and the maintenance obligation, and also explains the function of the maintenance obligation. Next chapter of the thesis introduces legal regulation related to the maintenance obligation from historical view and focuses on the legal regulation in the Civil Code 2012 and the reasons of its enactment. As next, the thesis summarizes individual categories of the maintenance obligation and follows mutual relations among them. The thesis also specifies basic condition for the duration of the maintenance obligation and also particular criteria for the formulation of the extension concerning maintenance obligation, that are...
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Family Law in Republic of Korea after 1948
Líbalová, Ilona ; Löwensteinová, Miriam (advisor) ; Zemánek, Marek (referee)
This thesis describes hierarchical and patrilineal norms in family law of the Korean Civil Code and discusses a gradual elimination of these norms in compatibility with constitutional law. First part of the thesis highlights the specifics of the Korean family law in a historical context and analyzes the head of a family system's origin and family registers as one of the main sources of inequality in the Korean family law. The second part focuses on the process of the Constitution and the Civil Code codification and represents Confucian and women's organizations which influenced the family law. In this case the incompatibility of family law of the Civil Code and constitutional law was found out as the main object of the dispute. The aim of this thesis is to determine whether the present family law in the Civil Code can be considered as compatible with the Constitution or not. The third part is therefore devoted to amendments to family law of socio- political changes background, where is the clear gradual elimination of hierarchical and patrilineal ethical standards of the Civil Code until the turn of the new millennium.
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The legal status of parents of a child in case of the child's adoption
Oliveriusová, Monika ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The aim of the work is to analyze efficient legislation concerning the posi- tion of a child's parents during the child's adoption and the adoption itself considering the current issues and legislation in the new Civil Code. The analyti- cal and comparative methods are especially used. The work is divided into five chapters. The first chapter deals with definition of the basic terms that are treated further in the work. It also classifies the institute of adoption in a broader frame- work of the substitute family care. The second chapter focuses on the legislation of adoption. It is divided into six subchapters with the third one being crucial and dealing with the conditions of adoption. The third and largest chapter is the sub- stance of the work. It concerns an analysis of the current legislation concerning the legal position of child's parents while adopting the child. This part also fo- cuses on the new formulation of a parent's disinterest in connection to the new Civil Code. This chapter also includes an issue of giving birth to a child in secret, which is discussed frequently among both experts and the public. Due to the tra- dition of this institute in France there is also an insight in the French legislation. The fourth chapter focuses on the procedural position of a child's parents both...
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Foster care in private and public law
Sauerová, Štěpánka ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
This diploma thesis deals with the institute of foster care. Foster care has been a widely discussed issue lately, in the field of family law. After years of theoretical considerations, discussions and preparations, a lot of significant changes have been made in this area, which have been incorporated into the new Civil Code and have been defined by the Amendment No. 401/2012 of the Coll., of the Act on Social-Legal Protection of children. The main objective of such changes is to professionalize foster care, and thus create an alternative to institutional care, to make foster care work in a more efficient way, to lower the risks of failure in daily practice, and to increase a notion of such form of substitute care in public. On the very top of general ideas and considerations remains especially the best interest and well being of a foster child. The emphasis is laid on the child's right to grow up in a background of a family and on help provided to a family with an endangered child. The diploma thesis is divided into seventeen chapters. First chapter gives an introduction to the issue of substitute care and talks about individual forms of such care. Second chapter presents a historical view into the individual phases of the development of foster care. Third chapter is dedicated to state and international...
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Analysis of Practical Implications of Changes in Family Law Introduced by §655 - §975 of the Civil Code.
Veselá, Soňa ; Tomeš, Igor (advisor) ; Pěnkava, Pavel (referee)
(in English) This bachelor thesis deals with new legal regulations of Family Law listed in new Civil Code Act No. 89/2012Coll.in force from 1. 1. 2014 with it simplifications for the practice of Social and Legal Protection of Children departments. According to this new act the preceding Act No. 94/1963 Coll. concerning the Family, which has regulated Family Law, and Act No. 40/1964 Coll. on the Civil Code, are abolished. Hypothesis: This breakthrough change in our legislation influences Fundamentals of Family Law and current administrative a juridical practice. Aim: analyse new Family Law regulated by articles nos.655 to 975of Act No. 89/2012 Coll., compare the legislations with Act No. 94/1963 Coll., evaluate the expected impact on people concerned, as indicated by the abolishment of Act No. 94/1963 Coll., and identify the impact on proceeding and practice in departments of Social and Legal Protection of Children. Methods used in the bachelor thesis: analysis, comparative study, deduction.
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Rights and obligations of parents and children with emphasis on selected issues of development of relationship between parents and children
Málková, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The family is a term, which is known in each period of history of mankind. It played, playes and will play an important role in life of every individual. It helps to create an identity of individual, a scale of values and principles, which are so necessary for happy life. The topic of my thesis is Rights and Obligations of Parents and Children with Emphasis on Selected Issues of Development of Relationship between Parents and Children. I have chosen this topic because I think that this part of family law is very interesting, especially the questions regarding to the determination of parenthood in the time of the medical breakthroughs. The purpose of my thesis is to analyse Czech legislation with regard to international law. The thesis is composed of six chapters, each of them dealing with different aspects of the relationships between parents and children and the determination of parenthood. Chapter one is introductory. It is subdivided into four parts. Part one deals with history of legislation of relationships between parents and children. Part two describes general features of this relationships. And third and fourth parts sort rights and obligations into groups and analyze the issue of a parental responsibility, which are the basic rights and obligations of parents and children. These rights and...
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