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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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Selected issues of adoption (comparative fragments)
Kubovičová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé The topic of this master thesis is selected issues of an adoption (comparative fragments). I chose not to deal with the theme as a whole because of its extent, which would have inevitably lead to mere scratch of the surface of such complex issue as an adoption. Picking and choosing some interesting aspects enabled me to go more into detail and elaborate on them in depth. When approaching this thesis I chose to use combination of analytic and comparative method. The thesis itself is composed of the introduction, six chapters and the conclusion. The purpose of the Introduction is to make the reader aware of the structure of the thesis and to outline the complicated legal nature of adoption. The objective of this thesis, which is also announced within this section, is to provide the reader with issues not usually dealt with within theses or academic works. Chapter One is divided into three parts and subsequently shed light into the concept of the adoption, its types and sources of the legislative. Chapter Two is dedicated to historical excursion and is divided into two parts. The First Part deals with global level and the Second Part is focused on the national level with emphasis on most recent historical milestones. Chapter Three is subdivided into three parts. The First Part examines conditions, which...
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Legal aspects of adoption
Bulantová, Markéta ; Frinta, Ondřej (advisor) ; Radvanová, Senta (referee)
Univerzita Karlova v Praze Právnická fakulta Markéta Bulantová PRÁVNÍ ASPEKTY OSVOJENÍ Diplomová práce Abstrakt v anglickém jazyce Legal aspects of adoption The purpose of my thesis is to analyze legal aspects of an adoption. By use of the analytic and descriptive methods the valid legal provisions are described and evaluated. Furthermore some changes of the respective law are proposed de lege ferenda. The thesis deals with the proposal of new civil code and analyses it critically. The last part of the thesis describes German Law regarding adoption. The thesis is composed of eleven chapters. First chapter describes the alternative care of children generally. Second chapter deals with the term "adoption". The third chapter deals with history of an adoption and contains a separate part regarding history of an adoption in the Czech territory after 1918. In this part of this thesis the main source of law regarding adoption and most important international contracts and conventions are described. The fourth chapter describes kinds and forms of an adoption. The largest fifth chapter deals with conditions for adoption stipulated by the Czech Law. This chapter is subdivided into two parts, which describe the conditions for the open and closed adoption. The sixth chapter deals with legal aspects of an adoption. This...
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Legislation of Family and Relationships between Parents and Children (with Insights into Past and Future)
Valentová, Hana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The presented thesis provides a comprehensive view of the current legislation on family and parents-children relationships, including insights into past and future. Being a still hot topic is the reason why I chose it for my thesis. Two introductory chapters discuss historical context of family and development of legal relationships between parents and children to date. The family has evolved over time, developed and changed and so has the status of its individual members, which was all reflected in legislation (paternal power, parental power, parental rights and duties, parental responsibilities). The current concept of family is described in Chapter 3, followed by Chapter 4 which gives general characteristics of family law and legal relations within the family, including the definitions of basic concepts used in the rest of the work. Key Chapter 5 discusses the concept of parental responsibilities brought into our law by the so-called "big amendment" to the Family Code (Act No. 91/1998 Coll.). In exercising these rights and duties, parents are obliged to protect the best interests of the minor child, to control his or her actions and to exercise supervision over him or her. The parent-child relationship is equal and both its parties are holders of complementary rights and duties. In all actions, child's...
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Mutual duty between parents and children to support and maintain in theory and practice
Vacková, Tereza ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
Maintenance between parents and children Resumé My thesis deals with the mutual maintenance of parents and children in theory and in practice and the thesis consists of ten chapters. The topic of alimony is a very current topic. Our society is constantly changing and its relations in the families as well. The families which are functioning decrease so the needed family members have to seek for their rights. Each of us is a parent or a child, so this topic affects all of us. The first chapter defines the basic concepts of my thesis, such as the concept of maintenance obligations, the differences between different types of maintenance obligations, the definition of subjects of maintenance obligations and the differences between the Czech and the International legal system. The final part of the first chapter discusses the new regulations of maintenance obligations, which will come into effect with new Civil Code. The main chapters focus on alimony obligation of parents to children and on alimony obligation of children to parents. I discuss the basic concepts and I define them. In those chapters the newly created tables from the Ministry of Justice for calculating the alimony with its application in the practice of Czech courts, where also the latest judiciary decisions are mentioned, also are taken into...
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Shared Custody
Hejtmánková, Lenka ; Vítečková, Michaela (advisor) ; Tvrzová, Ivana (referee)
This thesis is a theoretical study that characterizes shared childcare after divorce as the most suitable post-divorce arrangement. This assumption is based on developmental changes in the European family from the time of the French Revolution, the development of family law and important aspects of family law, as well as on the needs of children, and definitions of maternal and paternal love. This hypothesis is also supported by the results of foreign research, which compares the lives of children in different post-divorce arrangements. The following paper discusses mediation as an appropriate way of helping parents achieve a solution that is suitable for all participants in the dispute. In the conclusion some case studies are presented.
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A comparison of the property regimes of spouses in Czech and French law
Mackuliaková, Michaela ; Dvořák, Jan (advisor) ; Elischer, David (referee)
A comparison of the property regimes of spouses in Czech and French law The aim of this masters thesis was to compare property regimes of spouses in Czech and French legal systems. The thesis is dealing with different aspects of "marital estate regime" under the Czech Civil Code, "legal regime" under the French Civil Code and the "legal regime" under the new Czech Civil Code effective from 2014 In addition, the aim was also to examine whether the legislators of both countries based the legal texts on similar premises. In cases of missing positive legal norms, the thesis examined whether practice or case law leads the legislators to conclusions similar or completely different in the respective legal systems. The secondary objective was to compare existing and new Czech Civil Code and evaluate the progress in the approach to the institute of marital estate. The marital property law has to face traditionally two interests, namely individual interest of each spouse and the common interest of the conjugal union. It is important to reconcile these two interests to such extent that common interests will be given sufficient protection, but on the other hand, to extent not as restrictive as to cause aversion to the institution of marriage itself. The thesis is composed of four chapters, each of them dealing...
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Foster care for a temporary period
Skryjová, Lucie ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
FOSTER CARE FOR A TEMPORARY PERIOD This thesis describes and critically judges the legal regulation, practice and purpose of foster care for a temporary period in the Czech Republic. Children temporarily or permanently deprived of their family environment or children, who cannot be left in such environment, are entitled to a special protection and assistance granted by the state in one of alternative care forms. The Czech Republic is criticized for a long time by the international organizations because of numbers of children placed in any type of institutional care. Consequently, the amendment of the Act N. 359/1999 Coll., on social and legal protection of children, has been approved in June 2006. This amendment has established a new legal institute called "the foster care for a temporary period". The function of this institute is to avoid a placement of children to an institutional care in the case, when the children can not stay in the original family because of whatever reason however there is a presumption of re-entry to that original family. Parents still have their parental responsibilities and still have right to keep in touch with their child. The thesis is composed of six chapters, which are subdivided into subchapters. Chapter One deals with the historical development of foster care. Chapter Two...
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Support and maintenance between parents and children
Dlouhá, Markéta ; Hendrychová, Michaela (advisor) ; Pohl, Tomáš (referee)
Unterhalt zwischen den Eltern und den Kindern Resümee Meine Diplomarbeit beschäftigt sich mit dem Thema des Unterhalts zwischen den Eltern und den Kindern. Dieses Thema betrifft fast jeden von uns, entweder als den Unterhaltspflichtiger oder als den Unterhaltsberechtigter. Meiner Meinung nach ist das Thema des Unterhalts zwischen den Eltern und den Kindern sehr interessant und immer aktuell und verdient Beachtung der ganzen Gesellschaft. Das erste Kapitel meiner Arbeit erklärt die Grundbegriffe dieser Problematik, als der Unterhalt, seine Arten und Funktionen. Dieses Kapitel beschreibt auch kurz die historische Entwicklung der rechtlichen Regelung der Unterhaltspflicht und grenzt die Subjekte der Unterhaltspflicht ab. Die gröβte Aufmerksamkeit wird in meiner Arbeit der Unterhaltspflicht gegenüber dem Minderjährigen gewidmet, weil die rechtliche Regelung dieser Art der Unterhaltpflicht am wichtigsten und gesellschaftlich am bedeutendsten ist. Meiner Arbeit beschäftigt sich vor allem mit den Kriterien für die Festsetzung der Höhe des Unterhaltsbeitrags, der Zeitdauer und der Weise der Leistung des Unterhalts. Das wichtigste Problem stellen die Gerichtsentscheidungen über die Höhe des Unterhaltsbeitrags dar, die ab und zu in ähnlichen Fällen bedeutend unterschiedlich sind. Darum hat das Justizministerium im...
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