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Divorce in Czech and French law
Mrázek, Miroslav ; Hendrychová, Michaela (advisor) ; Elischer, David (referee) ; Spoustová, Ivana (referee)
This doctoral thesis deals with one of the key institutions of Czech and French family law, divorce. Divorce is not merely a concept from some legal textbook. The specific fate of spouses, and even entire families, are tied up with it. This comparative study of Czech and French divorce law is divided into five main chapters and a statistical excursus. This thesis first discusses the historical and legal developments for ending a marriage, i.e. divorce, in both countries. This is followed by an analysis of the current substantive and procedural aspects of divorce in the Czech Republic. The focus of the work is an analysis of both procedural and substantive reform of divorce law in France and its fundamental differences from Czech divorce. Subsequently, it examines the consequences of divorce, possible future Czech legislation dealing with divorce and the innovations included in the French divorce law. The work ends with a presentation of relevant statistical data. The theoretical analysis of the institute of divorce is accompanied by practical examples of legal cases, current case law, conceptual solutions from specialists in the field of family law, as well as assessments from the author of this thesis.
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Substitute family care in the Czech Republic
Trnková, Lucie ; Salač, Josef (advisor) ; Hendrychová, Michaela (referee) ; Radvanová, Senta (referee)
This dissertation is concerned with the issues surrounding substitute family care in the Czech Republic and presents an analysis of its legal regulation as set out in both private law and public law regulations. The term substitute family care encompasses several independent legal institutions, which together form a system serving to protect children at risk who cannot grow up in their own family. The system of substitute care is divided into family-type individual care on the one hand and collective care provided in institutional facilities on the other. This dissertation examines the historical development of forms of substitute care, analyses their current legal regulation, including procedural regulation, and evaluates the interconnectedness and mutual harmoniousness of individual legal regulations. It analyses the inner workings of the substitute care system and delineates the rights and obligations of entities which enter into it in various capacities, with an emphasis on how the fulfilment of the rights of a minor is enforced and how their best interest is considered. Given the subject matter, the topic of the dissertation is approached in an interdisciplinary fashion, for the interdisciplinary cooperation of individual persons acting on behalf of the state in the legal relations of...
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Superficiary right of building and other possibilities of building on land of another
Lupač, Petr ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The topic of this thesis is the superficiary right of building (and other possibilities of building on the land belonging to a third party, though the focus is primarily on the institution of the superficiary right of building). The principle "superficies solo cedit" was reintroduced in Czech legislation when the new Civil Code (Act No. 89/2012, Coll.) came into force. Along with this principle, the institution known as superficiary right of building has also returned to Czech law after a hiatus of more than 50 years. This thesis seeks to provide a comprehensive interpretation of the superficiary right of building, to explain the individual rights and obligations arising from the superficiary right of building, and to compare the institution of superficiary right of building to other possibilities of erecting a building on land which belongs to someone else. The first chapter defines some of the basic concepts which facilitate the explanation of individual issues and the understanding of certain connections in the following chapters. The second chapter describes the history of the superficiary right of building, which has its roots in the times of ancient Rome. This chapter also undertakes a characterization of legal regimes which were previously in force on the territory of todayʼs Czech Republic. Over the...
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Reflection of the right to know one's own origin in the Czech legal order (critical study)
Morongová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Abstract, Keywords The thesis concerns itself with the analysis of Czech legislation currently in effect with respect to the right to know one's origin. Discussed are the contents of this right, the legislation's addressees, Article 7 of the Convention on the Rights of the Child including the reservations to it made by the Czech Republic. The affected Czech regulations and their reforms are also talked about. Attention is also given to the issue of determining one's parentage. The bulk of the thesis is made up of analyzing the issues of assisted reproduction, surrogacy, adoption, anonymized and confidential childbirths, and baby boxes in regard to protecting the right to know one's origin. The thesis aims to critically evaluate current legislation, point out its shortcomings and suggest possible future development as the right to know one's origin isn't currently being given enough attention. Some of the aforementioned institutes aren't set out in law at all, others give preference to the anonymity of the child's biological parents. Adoption has recently seen some positive development with the recodification of the civil law, however even this is an area that leaves a lot to be desired as there still are certain faults and deficiencies of the legislation. Keywords: Right to know one's origin, assisted...
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Status relations of the same sex couples
Štýbnarová, Nicole ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Summary: The goal of this thesis is to monitor legal rights available to homosexual couples in order to establish a family. In the first part, I am trying to clarify what kind of social unit is currently considered to be called a family. Further in the first part I am analysing the most common means of getting an offspring available for homosexual couples. I also analyse the way those means are regulated in Czech Republic, prospectively I am presenting influence of the Strasbourg court on the evolution of subject legal frame in Europe. The main mean of gay couples to obtain a descendant, for the purpose of this thesis, is the artificial insemination method, which is analyzed in detail in the second part. I am both concerned about the historical evolution of it and its social picture and acceptation. Further I narrow my focus to application of this method for lesbian couples and I present studies to show how families with two mothers are working. Presented studies are held in both psychological and sociological point of view and they show, if and how the child is affected with growing up with homosexually oriented parents. In the third part I analyze artificial insemination from the legal point of view. First I introduce legal regulation in liberal European countries which I consequently compare with the...
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Child and divorce of its parents - selected issues
Dlouhý, Vojtěch ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Child and divorce of its parents - selected issues This diploma thesis deals with development of legal form of child custody after divorce of its parents. In the first part of this work is described historical development this legislation in substantive law, procedural law as well as in public law. In the next part the work focuses on current legislation included an emergence of marriage, its divorce with issues of mediation. In this part is also described child protection. Following this topic is in the next part described problematics by adjusting the ratio of the minor child including a status of a child before a court. At the end the diploma thesis points on development of judicature of the Constitutional Court of the Czech republic especially on decision I. ÚS 2482/13, its evaluation and context of some others decision of the Constitutional Court of the Czech republic. The aim of this work is to describe the process of court's decision of child custody after divorce of its parents. The work deals with substantive and procedural development in this area and crucially comments above decision.
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Compensation for a non-pecuniary harm of secondary victims
Přenosilová, Klára ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
This final thesis "Compensation for a non-pecuniary harm of secondary victims" deals with the issue of secondary victims. A secondary victim is defined as an injured person who suffered a non-pecuniary harm as a consequence of what happened to another person (primary victim) to which the tortfeasor caused imminent harm. I focused exclusively on secondary victims under the section 2959 of Czech Civil Code. The section 2959 of Czech Civil Code enables secondary victims to require a monetary compensation for the harm which they suffered as a consequence of a death or a serious injury of their close person (primary victim). Within the analysis of section 2959 of Czech Civil Code I described the nature of a harm suffered by the primary victim, the circle of eligible secondary victims and the quality of their harm, as well as the extent of the compensation for the harm of secondary victims. Doing so, I used the comparative method. I compared the legal regulation of the Czech Civil Code with the former Czech regulation and corresponding decisions of Czech courts. For the purposes of international comparison, each chapter includes a part of the legal situation of secondary victim (close person) under the Austrian law. The analysis showed that the new regulation under Czech Civil Code improved in general...
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Time and its reflection in law
Kučerová, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Time and its reflection in law Aim of this Master's degree thesis is to explain time as a quantity which influence human's life more than any other and that is one of the most relevant legal events which cause certain consequences in law. The aim of this work is to capture time as a quantity that influences human life more than any other, and that is one of the most legally relevant facts with which the law attaches certain legal consequences. The thesis is divided into nine chapters; the first four are devoted to philosophical and historical introduction to the concept of "time", while the remaining five are focused on the influence of time in the context of the current Civil Code. The first chapter follows the perception of time from the beginning of mankind, deriving primarily from the work of a major Romanian historian and philosopher of the last century - Mircea Eliade. The second chapter is dedicated to time as divisible quantity and describes the different ways to divide time through the day on a longer term units - years. The third chapter discusses the concept of time in ancient Rome from the perspective of the great scholars of his time - Isidore of Seville and Ambrosia Theodosius Macrobius. It describes not only the Roman division of time, but also the development of the Roman calendar...
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Non-existence as a new institution of Czech law
Buchal, Jiří ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Non-existence as a new legal institution of Czech law This paper deals with non-existence as a legal insitution that has been added to the traditional consequence of defective legal acts - invalidity - during the recodification of Czech private law. The aim of this diploma thesis is to comprehensively analyse the legal institution of non-existence. The paper is divided into eight chapters, the introduction and the conclusion. For the purpose of analysing non-existence comprehensively the paper focuses also on systematic explanation of legal acts themselves. The first chapter brings the definition of legal act, deals with different ways to enter into legal acts as well as forms of legal acts provided by law or by agreement of contracting parties. The second chapter focuses on describing the principles of legal act whilst aiming especially on manifestation of will as the essence of legal act. Besides that this chapter deals with creation of legal acts and their legal effects. The chapter three defines the four essential elements of legal acts - the elements of subject, the elements of will, the elements of manifestation of will and the elements of the object of legal acts. The fourt chapter continues with description of legal acts that suffer from defect in one or more of their essential elements,...
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Compensation for damage to health: a comparison of Czech and German legislation
Saxlová, Jaroslava ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
- Compensation for damage to health: a comparison of Czech and German legislation This diploma Thesis deals with the theme of compensation for damage to health in Czech and German legislation, which was one of the inspirations during the creation of the Czech Civil Code. The aim of this study is to explore the issue of civil compensation for damage to health (and in the case of death) with an emphasis on medical-legal relations arising from the provision of health care, in both these legal systems. This study is divided into three parts. In the first is examined the legislation of Czech Republic, in the second the German one. The third section briefly summarizes the differences and the congruent aspects of both legislations, supplemented by suggestions for possible changes and improvements of the Czech law de lege ferenda. The area of compensation for damage to health is strictly bond with the civil liability, therefore the study deals with this issue as well. Within the Czech law, both of these areas have undergone a fundamental change with the entry into force of the new Civil Code on January 1, 2014. By the civil liability the unified conception of tort was left and now contractual and tort liability is distinguished, also the whole conception of civil liability tends to active and not penalty...
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