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Enforcement of judgment regarding the raising of minors
Srbová, Gabriela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
in English I have chosen as the topic of my thesis "Enforcement of judgment regarding the raising of minors", extended of matters related to international child abduction. Such topic is not being found interesting by me only it is also a very current topic and is being widely discussed in today's society. And yet it is not a topic covered thoroughly enough, in my opinion. I have intended to present those issues of legal regulations that are causing certain difficulties when has been applied in practices, and therefore widely discussed among the professionals as well as the general public. Given the scope of my thesis I was not only engaged in theory, but I was also trying to find items in current legal regulations that shall be improved, despite its recent amendment. I do justify my choice of this topic in the introduction part of the thesis and adumbrate the current social atmosphere of the area. In the second chapter entitled "Management in matters of custody held by the juvenile court," I analyze the issues related to the so called "best interests of the child". In the third chapter I am specifically dealing with various aspects of enforcement of judgment regarding the raising of minors, which primary contains the legal regulations that have been issued pre and post the latest amendment,...
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International abduction of children and private international law
Hakobjan, Suzana ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
International Child Abduction and International Private Law The aim of this thesis is to provide an overall insight into the issue of the International Child Abduction and to analyse the relevant instruments of law which desire to protect the child and other victims of abduction and to avoid harmful effects the abductions may have. In that context the thesis mentions the most important conventions which apply in this field. Among those legislations belongs first of all the Hague Convention on the Civil Aspects of International Child Abduction 1980 (hereafter as Hague Convention), also the Convention on the Rights of the Child (hereafter as CRC) and the Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter as ECHR). This thesis constitutes a complete and methodical overview of the return procedure under the Hague Convention. In the meantime it tries to point out some underlying issues which the Hague Convention failed to codify. This gaps in legislation and an absence of a single court to give an authoritative rulings on the interpretation of the Hague Convention cause that it lacks uniform application in practice. The thesis supports its conclusions by referring to the Jurisprudence of the European Court of Human Rights and offers to the reader various solutions of basic...
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The Convention on the Civil Aspects of International Child Abduction and the International Private Law
Jirmanová, Miroslava ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
Since the late 20th century there has been an increase migration in of people due to the development of new technologies, easier ways of travel and the opening of national borders. People travel abroad for jobs, studies, or exploring new countries. During these travels some of them find life partners abroad, settle down there, conclude marriages and establish families. It often happens that such marriages end in divorce. If children are born in such a wedlock questions arise as to who will take care of them, who will pay maintenance etc. In some cases a parent decides to solve a conflict situation in such a way that he/she moves with the child without consent of the other parent to another place within the country or he/she decides to move to another country, usually to the country of his/her origin. He/she wants to settle there with the child and to legalize staying there. Such removal where national borders are crossed is considered to be international child abduction. The basic document dealing with the issue of international child abductions is the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter the Hague Convention) adopted on 25 October 1980 and currently acceded to by 87 states. The Hague Convention establishes rules according to which cases of...
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International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms
Matysová, Monika ; Scheu, Harald Christian (advisor) ; Hýbnerová, Stanislava (referee)
"International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms" Keywords: International abduction of children, Hague Convention on Civil Aspects of International Child Abduction, Council Regulation (EC) No 2201/2003, European Convention for the Protection of Human Rights and Fundamental Freedoms. The aim of the submitted doctoral thesis entitled "International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms" is to examine the issue of international child abduction from the domestic, international and European perspectives and show their interconnections. To demonstrate this, the thesis will analyze the practices of national courts, the European Court of Human Rights (hereinafter referred to as the ECHR) and the European Court of Justice (hereinafter referred to as the ECJ). Attention will be paid mainly to the interpretation of one of the most important international child abduction instruments, The Hague Convention on Civil Aspects of International Child Abduction (hereinafter referred to as the Hague Convention), by the ECHR. As cases of international child abduction concern only the right to respect for one's private and family life within the meaning of Article 8 of the...
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International Child Abduction and Private International Law
Voclová, Karolína ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Diploma Thesis: International Child Abduction and Private International Law The purpose of my thesis is to analyse the issue of international child abductions through the lenses of private international law. The paper focuses mainly on the international documents regulating this area. These are, above all, The Hague Convention on International Child Abduction 1980 and the Council Regulation (EC) No 2201/2003 (new Brussels II Regulation). The research endeavours to answer the question whether the current legislation comply with the needs of the parties concerned. The thesis is composed of eight Chapters. All the Chapters are supplemented by relevant case law. Chapter One is introductory and presents the most important pieces of legislation in the area of international child abduction. Their mutual relationship and application is explained. Moreover, the causes of the cases of international child abduction are described in this Chapter. Chapter Two represents the core part of the whole thesis. It deals with The Hague Convention. Chapter is subdivided into five Parts. First two Parts concentrate on the formation of the Convention and its aims. Part Three provides definitions of the four main concepts of the Convention, namely wrongful removal or retention of a child, habitual residence of a child,...
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International Child Abduction and Private International Law
Voclová, Karolína ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Diploma Thesis: International Child Abduction and Private International Law The purpose of my thesis is to analyse the issue of international child abductions through the lenses of private international law. The paper focuses mainly on the international documents regulating this area. These are, above all, The Hague Convention on International Child Abduction 1980 and the Council Regulation (EC) No 2201/2003 (new Brussels II Regulation). The research endeavours to answer the question whether the current legislation comply with the needs of the parties concerned. The thesis is composed of eight Chapters. All the Chapters are supplemented by relevant case law. Chapter One is introductory and presents the most important pieces of legislation in the area of international child abduction. Their mutual relationship and application is explained. Moreover, the causes of the cases of international child abduction are described in this Chapter. Chapter Two represents the core part of the whole thesis. It deals with The Hague Convention. Chapter is subdivided into five Parts. First two Parts concentrate on the formation of the Convention and its aims. Part Three provides definitions of the four main concepts of the Convention, namely wrongful removal or retention of a child, habitual residence of a child,...
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Enforcement of judgment regarding the raising of minors
Srbová, Gabriela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
in English I have chosen as the topic of my thesis "Enforcement of judgment regarding the raising of minors", extended of matters related to international child abduction. Such topic is not being found interesting by me only it is also a very current topic and is being widely discussed in today's society. And yet it is not a topic covered thoroughly enough, in my opinion. I have intended to present those issues of legal regulations that are causing certain difficulties when has been applied in practices, and therefore widely discussed among the professionals as well as the general public. Given the scope of my thesis I was not only engaged in theory, but I was also trying to find items in current legal regulations that shall be improved, despite its recent amendment. I do justify my choice of this topic in the introduction part of the thesis and adumbrate the current social atmosphere of the area. In the second chapter entitled "Management in matters of custody held by the juvenile court," I analyze the issues related to the so called "best interests of the child". In the third chapter I am specifically dealing with various aspects of enforcement of judgment regarding the raising of minors, which primary contains the legal regulations that have been issued pre and post the latest amendment,...
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|
International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms
Matysová, Monika ; Scheu, Harald Christian (advisor) ; Hýbnerová, Stanislava (referee)
"International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms" Keywords: International abduction of children, Hague Convention on Civil Aspects of International Child Abduction, Council Regulation (EC) No 2201/2003, European Convention for the Protection of Human Rights and Fundamental Freedoms. The aim of the submitted doctoral thesis entitled "International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms" is to examine the issue of international child abduction from the domestic, international and European perspectives and show their interconnections. To demonstrate this, the thesis will analyze the practices of national courts, the European Court of Human Rights (hereinafter referred to as the ECHR) and the European Court of Justice (hereinafter referred to as the ECJ). Attention will be paid mainly to the interpretation of one of the most important international child abduction instruments, The Hague Convention on Civil Aspects of International Child Abduction (hereinafter referred to as the Hague Convention), by the ECHR. As cases of international child abduction concern only the right to respect for one's private and family life within the meaning of Article 8 of the...
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The Convention on the Civil Aspects of International Child Abduction and the International Private Law
Jirmanová, Miroslava ; Pauknerová, Monika (advisor) ; Dolanská Bányaiová, Lucie (referee) ; Zavadilová, Marta (referee)
Since the late 20th century there has been an increase migration in of people due to the development of new technologies, easier ways of travel and the opening of national borders. People travel abroad for jobs, studies, or exploring new countries. During these travels some of them find life partners abroad, settle down there, conclude marriages and establish families. It often happens that such marriages end in divorce. If children are born in such a wedlock questions arise as to who will take care of them, who will pay maintenance etc. In some cases a parent decides to solve a conflict situation in such a way that he/she moves with the child without consent of the other parent to another place within the country or he/she decides to move to another country, usually to the country of his/her origin. He/she wants to settle there with the child and to legalize staying there. Such removal where national borders are crossed is considered to be international child abduction. The basic document dealing with the issue of international child abductions is the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter the Hague Convention) adopted on 25 October 1980 and currently acceded to by 87 states. The Hague Convention establishes rules according to which cases of...
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|
International abduction of children and private international law
Hakobjan, Suzana ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
International Child Abduction and International Private Law The aim of this thesis is to provide an overall insight into the issue of the International Child Abduction and to analyse the relevant instruments of law which desire to protect the child and other victims of abduction and to avoid harmful effects the abductions may have. In that context the thesis mentions the most important conventions which apply in this field. Among those legislations belongs first of all the Hague Convention on the Civil Aspects of International Child Abduction 1980 (hereafter as Hague Convention), also the Convention on the Rights of the Child (hereafter as CRC) and the Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter as ECHR). This thesis constitutes a complete and methodical overview of the return procedure under the Hague Convention. In the meantime it tries to point out some underlying issues which the Hague Convention failed to codify. This gaps in legislation and an absence of a single court to give an authoritative rulings on the interpretation of the Hague Convention cause that it lacks uniform application in practice. The thesis supports its conclusions by referring to the Jurisprudence of the European Court of Human Rights and offers to the reader various solutions of basic...
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