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Adjustment of child circumstances after the divorce
Prostředníková, Anna ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Adjustment of child circumstances after the divorce Abstract This diploma thesis focuses on the adjustment of circumstances of children of divorced parents. Structurally, the thesis is segmented into an introduction, 6 chapters and conclusion. In case of content the thesis can be divided into four pivotal categories. The first part provides a general view into the elemental problems of parental liability. The second part focuses on the problem of the adjustment of circumstances of children after the divorce of their parents as such and examines all attributes in detail that the adjustment approaches. Great attention is given to the types of childcare, child-support and the contact of the non-resident parent with the child. The topic of the third part is the analysis of reasons that can be the cause of change of the present conditions. Finally, the fourth section provides a comparison of the current Czech legislation with the one of the Netherlands. Key worlds Parental responsibility, divorce, child, childcare, maintenance obligation, alimony, contact,
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The Table for Determination of Alimony - the Role and Efficiency in Judicial Practice
Dvořáková, Jitka ; Pavlík, Petr (advisor) ; Čermáková, Marie (referee)
Three years ago, the Ministry of Justice in the Czech Republic stated in judicial practice a recommending table whose intention was to unify the decision-making practice of courts in determining of alimony. The table should rectify a vague treatment of the maintenance obligations, guarantee a legal certainty for all participants and predictability of decisions. The alimony often covers only a part of all costs for a child under conditions that it is paid. The situation is even more problematic because the single-parent families with minors usually belong to the households which are mostly threatened by poverty. These families are most often headed by woman, who bears the brunt of caretaker and breadwinner roles. Their role is also influenced by the disadvantageous position at a labour market. The result of all these factors is usually a feminization of poverty and transmission of the standard of living from a mother to a child. My research interviews were focused on the fact if the table is used in practice. I evaluate its efficiency and represent modifications suggested by the courts. The analysis showed that not all courts use the table or use it at different levels. It is a consequence of reading of the word "recommending". This fact indicates a neglect of any need to use and a broader context...
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Marriage
Daňková, Jana ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
70 ABSTRACT The topic of my Master's degree thesis is institution of "Marriage". I chose this topic because I am interested in family law and I would like to be an attorney focusing on this area of law in future. I also think that marriage is an important legal and social institute, which proves its long-standing history. This thesis reflects the historical development of the law but it mainly deals with legislation in force. Specifically it deals with the origin of marriage, dissolution of marriage and the legal consequences that legal negotiation brings. I also pay attention to the legal regulation of rights and responsibilities of spouses. The thesis is divided into five chapters. The first chapter is dedicated to an introduction. The next three chapters deal with the actual institution of marriage and its aspects. The fifth and last chapter is the conclusion. In addition to these chapters thesis contains the Content, the Bibliography and the Annexes. The second chapter describes the historical development of legal regulation of marriage. This chapter is divided into two subchapters, the first of which is devoted to marriage in Roman law and the other depicts the development of legislation marriage on Czech territory. Chapter Three discusses legislation in force of marriage in the Czech Republic and...
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Lone-parent families as a public policy problem: stakeholders' frame reflection and reframing
Hejzlarová, Eva ; Veselý, Arnošt (advisor) ; Krebs, Vojtěch (referee) ; Matoušek, Oldřich (referee) ; Žižková, Jana (referee)
The main theme of the work is finding an answer to the question why in the past years Czech Parliament has failed to enforce measures improving the quality of life of lone-parent families, and what could be done for these measures to be adopted. Theoretical support for answering both questions is provided by a) frame analysis (Schőn and Rein), which works with the idea of conflicting frames and bridging conflicts through reframing, and b) the theory of social construction of target groups (Schneider and Ingram). Based on an analysis of stenographic minutes from proceedings dealing with the issue of non-payment of child support (in particular with proposals for the state to pay child support first and then to receive it from the obligor) and the arrangements connected to child custody (in particular the proposal to strengthen alternating custody), conflicting frames are reconstructed (in the case of non-payment, there are three conflicting frames, in the case of child custody two). These conflicting frames, or rather the fact that they are insufficiently addressed, may be the cause of the incapacity of Czech political representation to address the above agenda. An "efficient penalizing of the debtor" is described as a possible reframing of the problem in the field of non-payment of child support....
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Crime of Evasion Alimony Payments under s. 196 of the Criminal Code
Hamrová, Veronika ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
1 Název práce v anglickém jazyce Crime of Evasion Alimony Payments under s. 196 of the Criminal Code Abstract The diploma thesis is about the crime of evasion alimony payments according to § 196 of the Criminal Code and other questions related to this issue. The aim of this work is to provide a comprehensive explanation of the crime of evasion alimony payments. The work is primary about on the individual signs of this crime, its connection with civil law, where the rights are enshrined and the issues of alternative alimony payments and possible decriminalization of the crime of evasion alimony payments according. The crime of evasion alimony payments is one of the most frequently committed crime in the Czech Republic. The purpose of this legal regulation is the interest in the proper fulfillment of the alimony payments, especially in the fulfillment of the alimony payments towards dependent children. The work is divided into eight chapters. The first chapter deals with the historical development of the crime of evasion alimony payments from the period of 19th century until now. The second chapter presents the legal definition of the crime of neglect of evasion alimony payments and categorizes this crime according to various aspects. It also provides an overview of regulations related to it, with emphasis on...
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Policy design of alimony from the perspective of students from single parent families
Mixová, Alžběta ; Hejzlarová, Eva (advisor) ; Vlčková, Kamila (referee)
This thesis focuses on the description of the child maintenance policy design in regard to adult students from single-parent families. The thesis sets a goal of describing various approaches to policy design, defining the policy design used in the Czech Republic and identifying the difficulties in policy design for young adults. The issue is viewed through the lens of public policy theory of policy design and also through the perspective of life cycle and emerging adulthood. To fulfill the research goals, I used a combination of desk research and qualitative data gathering from semistructured interviews with young adult students from single-parent families, who had the experience of not receiving child maintenance. The thesis presents several problems, which young adult students face and points out the shortcomings of the current policy design with regards to their target group. The thesis focuses on the effects of child maintenance non-payment, which affects both the financial position and the relationships of a family. In addition to that it describes the strategies affected young adults use to cope with the child maintenance non-payment.
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The conception of maintenance obligation in civil law
Uhlířová, Kristýna ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
1 [The conception of maintenance obligation in civil law] Abstract The thesis aims to clarify the concept of maintenance obligation in civil law. The thesis consists of an introduction, ten main chapters and a conclusion. In the introduction, the thesis concern with the definition of basic concepts that are important for the issue. The development of the regulation of maintenance obligations in our territory in the historical context is discussed in detaily in the main chapters. The main conslusion of the thesis is that there are many significant milestones that have pushed forward developments in the area of maintenance obligations. In respect of the historical development of the legislation, attention is paid to the maintenance obligation contained in the General Civil Code (ABGB), the Food Act, the Family Law Act, or the Family Act. The work also does not forget the current legislation according to the new Civil Code, effective from 2014, the other legislation that also deals with the issue of maintenance obligations or the case law. The thesis is also intended to bring readers closer to the concept of maintenance obligations with respect to family protection, including the international level. The thesis in its main part analyzes the individual types of maintenance obligations and draws attention to...
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Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Nechvátalová, Helena ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis concerns the criminal act of neglecting of compulsory nutrition according to § 196 of the criminal code. Its main focus is to comprise this area completely and complexly, furthermore to examine individual signs of facts of the case and to present them in a complex context of the law, especially in relation to the civil law, which firmly binds a rightful claim for nutrition. The work comprises seven chapters following in a logical order. The first chapter aims at current legislation, at legislation related to the claim for nutrition and at systematic classification of the criminal act of neglecting of compulsory nutrition. The following chapter analyses individual obligatory sings of the criminal gist, its subchapters study the object, the objective side, the perpetrator and the subjective side. The purpose of this part of the study is to outline the terminology used in § 196 of the criminal code. The third chapter presents the possibility of termination of criminal responsibility based on a special provision of effective regret. The work states conditions which need to be fulfiled to apply this principle, furthermore it clarifies possible doubts about application of § 197 of the criminal code. Imposing criminal sanctions is discussed in the fourth chapter. The diploma thesis...
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Relations between parents and children after divorce
Linhartová, Aneta ; Frinta, Ondřej (advisor) ; Salač, Josef (referee)
Relations between parents and children after divorce Abstract The aim of this thesis is to present current legal regulation regarding relations between parents and children after divorce, which is included in the Act No. 89/2012 Coll., Civil Code, as amended, to point out problematic aspects during its practical application and to suggest other possible future solutions for particular issues. The thesis is composed of five chapters. Chapter one deals with divorce. It investigates historical development of its legal regulation, current legal regulation including divorce proceeding, and also some legal consequences of divorce. Part of this chapter concentrates on suggestions de lege ferenda regarding simplification of divorce. Chapter two is concerned with legal regulation of relations between parents and children after divorce in a historical context, from the General Civil Code till nowadays. Chapter three analyses individual aspects of legal regulation of relations between parents and children after divorce. At first it looks at custody of minor children after divorce and its particular forms, i.e. sole, alternating and shared custody. Another part of this chapter deals with regulation of contact of a parent and a minor child. After that the chapter concentrates on alimentary obligation regarding a minor...
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