|
|
Restriction of legal capacity proceedings
Čapková, Julie-Karolína ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Restriction of legal capacity proceedings Abstract This diploma thesis deals with the legal regulation of legal capacity proceedings. Integral part of this thesis is also analysis of related legal capacity substantive law and also other supportive measures such as preliminary declaration, representation of household member and assistance contract. The procedure which leads either to restriction of legal capacity, time extension, change or cancellation of the restriction is however the main point of this thesis. The goal of this thesis is to provide comprehensive view on this type of proceedings in the context of relevant case law and courts practice. Thesis also shows the practical use of this institute in Czech Republic. It also contains the issue of mental illness and its impact on the daily life, the number of persons restricted in their legal capacity, the lenght of court proceedings and the issue of ID cards not containing the information about restricted legal capacity and its possible associated negative consequences. The author tries to suggest possible solutions to the problematic aspects of the legislation and current praxes. The thesis is divided into four chapters. In the first chapter, the author writes about the possible alternatives the legal regulation offers to people who are not fully able...
|
|
|
Voting Rights of People with Intellectual Disabilities
Havelková, Zuzana ; Němec, Zbyněk (advisor) ; Hájková, Vanda (referee)
This diploma thesis focuses on the exercising of voting rights by people with intellectual disabilities. The thesis aims to present the topic of voting rights of people with intellectual disabilities within the domestic and international legislative framework and to explore the perception of elections and voting rights from the perspective of people with intellectual disabilities by applying qualitative research. The theoretical part describes elections, voting rights, specific features of people with intellectual disabilities, and availability of the support to vote. The essential part of the diploma thesis also contains a legislative overview, which anchors the voting rights of people with disabilities. The practical part of the thesis deals with the topic of perception of elections and voting rights from the perspective of people with intellectual disabilities. The partial aims of the research are to find out: how do the people with disabilities evaluate the importance of elections; which factors influence their political choice; which knowledge about the topic of limiting the exercise of the voting right through limiting legal capacity do people with intellectual disabilities have; how do people with intellectual disabilities evaluate the availability of information and support to vote. The...
|
|
|
Restriction of legal capacity proceedings
Krejčí, Zuzana ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
This diploma thesis primarily deals with the legal frame of the restriction of legal capacity proceedings, which is contained in the Code on Special Court Proceedings (Act. No. 292/2013 Sb.) effective from 1. 1. 2014. For that purpose the thesis works with particular legal institutions of substantive law contained in the Civil Code (Act No. 89/2012 Sb.), such as legal capacity (a capacity to make juridical acts) and its restriction. The thesis is focused especially on the course of the proceedings resulting in the decision to restrict legal capacity or to accept any other appropriate measures. The author also describes two particular aspects of the proceedings, which are the duty of the court to see an individual whose legal capacity is subject to the consideration and the possible ways to make a decision by which the legal capacity is restricted. The aims of the thesis are to describe legal regulation of the restriction of legal capacity proceedings, previous and recent case law dealing with this issue and to evaluate their influence on the individuals whose legal capacity has been restricted. The author also seeks to propose a possible solution to the problems related to the restriction of legal capacity proceedings. The diploma thesis is divided into 4 main chapters. The first chapter is...
|
|
|
Legal capacity proceedings
Machová, Miroslava ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
This thesis examines legal capacity and its restriction. The legal capacity of a person makes along with his legal personality an inherent and inalienable component of his personality that enables him to act legally. It is therefore a prerequisite of his self-realization and active participation in society. Legal capacity and legal personality are components so significant, that they cannot be relinquished. Not even partially. Unlike legal personality, a person's legal capacity can be restricted by a court order. And it is the very legal capacity proceeding, this thesis focuses on. In view of the fact, that procedural law is reflected in substantive law, part of this thesis also concerns with the analysis of legislation contained within the Civil Code (Act. No. 89/2012 Coll.). The thesis thoroughly analyses individual stages of a legal capacity proceeding and the subsequent legal provisions and court decisions. The thesis is divided into two parts and eight chapters. The first part discusses substantive regulations of legal capacity. In the introduction to the first chapter, I draw attention to an alteration in legal terminology and a new conception of legal capacity restriction according to the legal regulation that came into force on the 1st of January 2014. Subsequently I define the concept of...
|
|
|
Ethical aspects of guardianship
ŠIMKOVÁ, Petra
This thesis discusses the issues of public guardianship in the current practical and legal context. It deals with human rights, the question of the limitation of incapacitation, and the conditions that must be met. I present here, what the different types of guardians are, or what are the rights and obligations of a guardian. I think about the ethical issues in conjunction with guardianship, that relate to human dignity and freedom. In conclusion, through talks I'm trying to look into practice of public guardianship and determine what problems the public guardians deal with.
|
|
|
The Legal Capacity and Guardianship from the Perspective of Clients and Professionals.
BOROVSKÁ, Kateřina
The topic I have chosen for my thesis is Guardianship and Legal capacity from the points of view of both clients and professional public. This thesis is divided into a theoretical and a research part. The theoretical part of the thesis presents information on legal capacity, guardianship and also on the person of the guardian. A relatively large space is devoted to guardianship, thus the theoretical part includes information on, among other, appointing and selecting a guardian as well as on the guardian´s rights and obligations and surveillance of the guardian. The thesis also mentions other selected institutes of the Civil Code that can be of assistance to persons with mental disabilities, without limiting their legal capacity. Another topic of importance dealt with in the theoretical part is human rights, both in the sense of general sources of human rights and the sources of rights of persons with intellectual disabilities. Furthermore, the theoretical part of the thesis gives a brief overview of characteristics of persons with mental disabilities and the etiology of mental disability. The research part states findings of the research that was conducted by the strategy of qualitative research. The method of data collection was interrogations and semi-structured interviews. The research group included people with mental disabilities limited in their legal capacities as well as representatives of professional public who are in some way involved in the guardianship institute and who deal with this issue in their work on a daily basis. The main aim of the thesis was to find out how clients with intellectual disabilities and representatives of the professional public perceive guardianship and related issues. In addition, conducted research investigated whether clients know what role the guardian plays in their lives and whether they know their rights and obligations. Last but not least, the views of the professional public on the role of guardian in the client's life and also the experience of the professional public with the application of selected rights and obligations of clients were looked into. Results of the survey have given base to understanding how clients and the professional public perceive guardianship, what their views of rights and obligations of clients and guardians are, how demanding they find to be a guardian and last but not least, what role a guardian should play in their ward´s life.
|
|
|
Legal capacity and related legal proceedings
Chalupská, Lenka ; Macková, Alena (advisor) ; Frintová, Dita (referee)
The aim of this thesis named "Legal capacity and related legal proceedings" is to introduce legal capacity and related legal proceedings with the focus on the procedural legislation. Legal capacity is a natural component of each natural person and it is not allowed to be removed. Legal capacity is acquired at birth and is retained until death. Sometime, due to protection of rights of a person, legal capacity might be restricted. This thesis is divided up into ten parts. The largerst part is focused on legal proceeding which lead to restriction of a person's legal capacity, ie. restriction of an aspect of personal status. Nevertheless, the thesis introduces also legal proceeding leading to prolongation of time of legal capacity restrictions and proceeding concerning legal capacity of a child. The custody of persons limited in legal capacity and related legal proceeding are introduced in the thesis as well. This proceeding and proceeding of legal capacity are conjoined to each other, which is the reason why this subject may not be omitted. This part describes the process of choosing the right person as a curator. The author also shows that several misunderstandings and misinterpretations occured after Civil Code came into force on the 1st of January 2014. The author also presents her considerations...
|
|
|
Legal capacity proceedings
Palánová, Petra ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
This thesis deals with the legal capacity proceedings, which are the procedural reflection of legislation of restriction on legal capacity included in the Civil code. The legal capacity is the key legal institution for the human possibility to make a juridical acts. In some cases, it is neccessary, for the reason of protection of human, to restrict on the legal capacity, eventually to choose another preferable measure. Procedural regulation of these proceedings is, with effect from 1. 1. 2014, contained in the Code on Special Court Proceedings (Act No. 292/2013 Coll.), as it comprises certain derogations from classic contentious proceedings. The aim of the thesis is to comprehensively summarise and interpret this legislation including her relation on the substantive regulation, point out her faults and propose options, how to remove them. To this purpose, opinions of experts and present case law regarding these matters are in the thesis also confronted. The thesis consists of three main chapters, which are subdivided into some subchapters and sections. The content of this three chapters is the general delimitation of legal capacity, the excursion into the history of legal capacity and the procedural regulation of the legal capacity proceedings. The aim of the first chapter is to introduce the concept of...
|
|
|
Supporting measures on impairment of an adult's capacity to legal acts
Karolová, Olga ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
IN ENGLISH This rigorous thesis focuses on the topic of supporting measures on impairment of an adult's capacity to legal acts. The topic is actual, because of quite radical changes in legislation that were brought by the effectiveness of the Civil Code No. 89/2012, Coll. This rigorous thesis also analyses some partial questions that are more or less theoretical (for example the analysis of some historical consequences or constitutional aspects of the topic) as well as practical (for example questions that are related to the detection of a mental disorder and its influence on the capacity to legal acts, questions related to ID card of an adult, whose capacity to legal acts is impaired etc.). Detailed analysis of each supporting measure is contained in a separate chapter and each of these institutes is also compared with a foreign legislation (with the Civil Code of Québec or with the Austrian Civil Code - ABGB). In these parts of this rigorous thesis are also some problematic legal provisions pointed out, eventually some recommendations for amendments to effective legislation are given. The particular insights, which came as a result of the analysis, are briefly summarized in the conclusion of this rigorous thesis.
|
guest ::
