|
|
Shared residence in Czech and German law
Konečná, Karolina ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Abstract, key words Title of the thesis: Shared residence in Czech and German law The aim of this thesis is to compare the approach to shared residence in the legal order of the Czech Republic and the Federal Republic of Germany, i.e. to find out to what extent the approaches of these countries to shared residence differ. This is examined in relation to selected issues which courts had to deal with when deciding on the shared residence, i.e. the influence of the child's wishes, the parents' will, their ability to communicate and long distance between the parents' households on the suitability of shared residence. Special attention is paid to the presumption of shared residence, or shared residence as a rule. The thesis focuses on the effective regulations. The thesis is divided into three parts. The first part deals with the Czech regulation of the shared residence. The individual chapters explain basic terminology, sources of law, legal regulation of shared residence, case law on the selected issues, including the presumption of shared residence, and some of the specifics of maintenance obligation. The second part of the thesis follows the same structure as the first part. However, there is a special chapter regarding drafts on shared residence as a rule. The third part compares the findings made in the...
|
|
|
Surrogacy in case law of the Supreme and Constitutional Court
Kořistka, Jan ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Surrogacy in case law of the Supreme and Constitutional Court Abstract This diploma thesis deals with the phenomenon of surrogacy and places the topic and its aspects into the context of up-to-date social background, legal theory and practice and case law of the Supreme and Constitutional Court. The aim of this thesis is to provide a summary of all available theoretical and practical understanding of the matter, analysis of relevant case law and illustration of both legal and factual issues concerning surrogacy in the Czech republic for the reader to be able to form a comprehensive understanding of the matter, taking into account its interdisciplinarity. Keywords Surrogacy, surrogate motherhood, assisted reproduction, parenthood, best interests of the child, right to family and family life
|
|
|
Cochem model in the application practice of Czech courts
Úlehlová, Simona ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Cochem model in the application practice of Czech courts Abstract The presented diploma thesis titled "The Cochemic Model in the Application Practice of the Czech Courts" deals with the main principles of the Cochem model, which is based on the cooperation of the professions involved in the divorce proceedings, and which is currently being gradually introduced by some of the Czech courts. The aim of the thesis is to find out the results of the first application approaches, on the basis of which it would be possible to determine the possibilities of further application of the presented model within the framework of Czech guardianship procedures. The second goal of the diploma thesis is the complex elaboration of the topic in terms of substantive and procedural law and further clarification of the current legislative situation, including the reflection over de lege ferenda. First of all, the diploma thesis introduces the origin of the Cochem model, moreover, it also presents its first application in Germany in the first chapter. The second chapter focuses on the importance of application of the presented model and its benefits for the participants in the proceedings. Within the chapter there are also presented the possibilities of applying a different substantive basis of parental responsibility within the...
|
|
|
Shared custody and its influence on family
Vovsová, Nikola ; Dobiášová, Karolína (advisor) ; Čampulková, Jitka (referee)
The hereby presented bachelor thesis "Shared custody and its influence on family" deals with the issue of shared custody and describes its setting in the Czech legal system. It deals with its theoretical framework and its comparison with practice. It focuses on the specific problems encountered by parents in connection with after-divorce child care, namely problems with courts or communication with a former partner. Methods of data collection used in this work are desk research and analysis of data gotten from semi-structured interviews. The aim is to analyze the configuration of this policy and to define the main problems related to its implementation. Further, this bachelor thesis presents the perception of shared custody through parents' view and focuses on its influence on families. Theories and concepts used in this work are the best interest of the child, psychological deprivation and implementation theory.
|
|
|
The rights of a child and duties of a parent
Carbolová, Zuzana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé This thesis, dealing with rights of a child and duties of a parent, is based on the fact that it is primarily the parents who have to fulfill their duties towards children while a child has primarily the right that a parent fulfills duties towards him. This condition is justified by the fact that children are in relation to adults, in this thesis towards parents, traditionally considered as a weaker "element". Because of that, the attention is firstly paid to the rights of a child in a wider context. In the very beginning we take into consideration a historical context of the child's rights development that shows the contrast between a premodern period when a child was considered as almost powerless and without rights and a "progressive " 20th century when a lot of international documents concentrate solely on rights of a child. As a follow-up to the child's rights development, the attention is aimed on explanation of the terms "best interests of the child" and "child's welfare". The thesis also deals with participatory rights in relation to the law court and in relation towards parents. Because the role of a family is very important in a development and education of a child, the thesis also focuses on juridical protection of the family and explains the term "family" in the European system of the...
|
guest ::
