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The Development of the Chinese Family Law taking into account its Roman Law Aspects
Platzerová, Barbora ; Skřejpek, Michal (advisor) ; Bubelová, Kamila (referee) ; Lomová, Olga (referee)
The thesis concerns with the development of the Chinese family law during the 20th century, presents legal sources in relation to the historical development and describes the basic aspects of the Chinese family law with regard to similar aspects of the ancient Roman law. Explains the significance of the social stability in legal context from the end of the Qing dynasty up to the present, describes the importance of the neoconfucian ideology to the family law and the role of the law in the Chinese society in general. The thesis is divided into several parts, the first one begins with the period of the end of the Qing dynasty at the turn of the 20th century, describes the historical circumstances of the founding of the first Chinese Republic, explains the principles of the then family and social relations in detail, especially the structure of the traditional family, the significance of the ancestor worship, the scope of the agnatic relationship and its relation to the property rights, the importance of the marriage and the system of mutual dependency of the family members. The thesis further expounds the attempt to reform the traditional family after the 1911 revolution, the circumstances of the creation of the Civil Code, the contents of the Chapter IV of the Code and their significance to the...
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Marriage Law - Constants and Transformations during 30 Years of the PRC
Platzerová, Barbora ; Lomová, Olga (advisor) ; Klimeš, Ondřej (referee)
The purpose of the thesis is to describe how marriage and the bonds of wedlock were regulated in the period from 1950 to 1980 in the People's Republic of China, focusing especially on the roles of the two Marriage Laws. The aim is to compare these sources of law, describe the development of marriage law in this area and identify major differences in regulation. The Introduction presents basic terminology used in the thesis, lists the principal legal institutions and describes the nature of modern Chinese law. The thesis consists of two main chapters, each dealing with one of the documents, its authorship, formation and structure. In addition to the marriage and its dissolution, the impedimenta, the matrimonial property and the children born out of wedlock are discussed in great deal. Chapter One examines the Marriage Law 1950, chapter Two the Marriage Law 1980. Conclusion summarizes the thesis purpose and produce, illustrates which institutions of Chinese family law changed and which of them were stable from 1950 till 1980. The thesis also refers which material and subject of Chinese family law I would like to elaborate in the future. The thesis includes the text of both Laws in Chinese and the list of frequently used vocabulary related to the Chinese family law.
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