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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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Foster care in private and public law
Sauerová, Štěpánka ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
This diploma thesis deals with the institute of foster care. Foster care has been a widely discussed issue lately, in the field of family law. After years of theoretical considerations, discussions and preparations, a lot of significant changes have been made in this area, which have been incorporated into the new Civil Code and have been defined by the Amendment No. 401/2012 of the Coll., of the Act on Social-Legal Protection of children. The main objective of such changes is to professionalize foster care, and thus create an alternative to institutional care, to make foster care work in a more efficient way, to lower the risks of failure in daily practice, and to increase a notion of such form of substitute care in public. On the very top of general ideas and considerations remains especially the best interest and well being of a foster child. The emphasis is laid on the child's right to grow up in a background of a family and on help provided to a family with an endangered child. The diploma thesis is divided into seventeen chapters. First chapter gives an introduction to the issue of substitute care and talks about individual forms of such care. Second chapter presents a historical view into the individual phases of the development of foster care. Third chapter is dedicated to state and international...
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Adoption in a Wiewpoint of the Czech Legal System and the International Treaties (Critical Comparative Study)
Hrubešová, Nikola ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The presented master thesis deals with the issue of adoption of a child, both from the viewpoint of international treaties, as well as the Czech law. The attention is paid to the comparison between the relevant provisions in the Civil Code and the rules contained in the international treaties. Also the way in which the Czech republic reflected the requirements imposed by international treaties is evaluated. The thesis contains an introduction; it is further divided into six chapters and ended with conclusion. First chapter is dedicated to the concept of adoption and the perception under the effective legislation. This chapter also enumerates the particular international treaties, which deal with the adoption and lay down the fundamental requirements for national regulations of the State parties. The second chapter defines the types of adoption including the brief characteristics and description of the main dissimilarities. Due to a certain controversy, the matter of revocation (annulment) of adoption and irrevocable adoption is discussed in more detail. The third chapter introduces the general conditions for the realization of adoption. These are, in particular, the conditions to be met by the adopter or adopters, but some of them are to be met by the adoptee itself or can be based on the specific...
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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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The Maintenance Obligation
Dlouhá, Markéta ; Hendrychová, Michaela (advisor) ; Dvořák, Jan (referee)
The Maintenance Obligation Resume The thesis is concerning maintenance obligation issue whereas is taking into account all categories of the maintenance obligation. The maintenance obligation is one of the family law juridical institutes that includes number of correlative rights and duties and applies to anyone whether in the position of obligor or obligee. The thesis is aimed to compare legal regulations related to the maintenance obligation presented in the Act no 94/1963 of the Coll. on family, as amended by subsequent acts, with legal enactment in Act no 89/2012 Coll., Civil Code, as amended by subsequent acts. First chapter of the thesis highlights basic terms of the problem as the alimony and the maintenance obligation, and also explains the function of the maintenance obligation. Next chapter of the thesis introduces legal regulation related to the maintenance obligation from historical view and focuses on the legal regulation in the Civil Code 2012 and the reasons of its enactment. As next, the thesis summarizes individual categories of the maintenance obligation and follows mutual relations among them. The thesis also specifies basic condition for the duration of the maintenance obligation and also particular criteria for the formulation of the extension concerning maintenance obligation, that are...
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The legal status of parents of a child in case of the child's adoption
Oliveriusová, Monika ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The aim of the work is to analyze efficient legislation concerning the posi- tion of a child's parents during the child's adoption and the adoption itself considering the current issues and legislation in the new Civil Code. The analyti- cal and comparative methods are especially used. The work is divided into five chapters. The first chapter deals with definition of the basic terms that are treated further in the work. It also classifies the institute of adoption in a broader frame- work of the substitute family care. The second chapter focuses on the legislation of adoption. It is divided into six subchapters with the third one being crucial and dealing with the conditions of adoption. The third and largest chapter is the sub- stance of the work. It concerns an analysis of the current legislation concerning the legal position of child's parents while adopting the child. This part also fo- cuses on the new formulation of a parent's disinterest in connection to the new Civil Code. This chapter also includes an issue of giving birth to a child in secret, which is discussed frequently among both experts and the public. Due to the tra- dition of this institute in France there is also an insight in the French legislation. The fourth chapter focuses on the procedural position of a child's parents both...
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A comparison of the legal regulation of relationship between parents and children in the CR and Italy
Limburský, Jakub ; Radvanová, Senta (advisor) ; Hendrychová, Michaela (referee)
A comparison of the legal regulation of relationship between parents and children in the Czech Republic and Italy The purpose of this thesis is to provide an overview of the basic differences between legal regulation of the relationship between parents and children in the Czech Republic and Italy. This theme was chosen because of the different historical development and social conditions in both countries, which results in a different concept of parenthood and other relations derived from it. The study is divided into three main parts, that in particular reflect the formation and area of application of relations between parents and children and eventually means of protection of a child as long as he is not provided with proper care in his family environment. These parts are: a) parenthood, b) the content of relationship between parents and children, c) substitute parenthood and substitute education. Each part contains two chapters for a better comparison. The first always briefly outlines the Czech legal regulation and the second chapter is devoted to a deeper explanation of the Italian regulation. Basic differences of both legal systems are explicitly highlighted. Subchapters focus on individual legal institutions of family law relating to the relationship between parents and children or other...
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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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The Law on Divorce and Maintenance Between Former Spouses in the Czech Republic and in Selected European Countries
Mozgová, Kamila
A divorce as one of the forms of termination of marriage is enacted in all European laws, being defined as abolishment of an existing marriage during the life of the spouses, pronounced by a competent state body, on the grounds stipulated by the law and within the framework of a prescribed procedural process, with effect ex nunc. One of the characteristics of the current European society is a so-called "family crisis". A manifestation of this crisis is a growing number of unmarried couples and, first of all, a continuously growing number of divorces. A divorce as a social situation became at the beginning of the third millennium an ordinary and acceptable issue for an overwhelming majority of the society, being considered to be an accessible, decisive and effective method for resolving disputes and problems in a marriage. In this respect, the current European legislation also leads to the fact that only a small proportion of divorces today ends by settlement between the partners. However, it is certainly unadvisable to overestimate the importance of the institute of marriage. As regards the general opinion, the law on divorce cannot be made so complicated that it would force the spouses to remain in a non-functional and de facto nonexistent union. In general we presume that upon termination of...
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