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Determination of parenthood
Adámková, Olga ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood Determination of parenthood is very actual topic due to the constant changes of the traditional understanding of the family and family relationships. It is primarily the development of modern medical science, biology or genetics that has brought new concepts into the issue of determination of parenthood. For example surrogacy, assisted reproduction or baby boxes. The legislation must responds to these changes in order to stabilized family relationships and to ensure their protection. The aim of this thesis is to describe and to analyze Czech legal regulation of determination of parenthood and to compare it with not only European but also global legislation. The analyse of valid legal regulation highlights questionable passages that may cause difficulties in its interpretation or practical application. The thesis is composed of nine chapters, each of them dealing with different aspects of determination of parenthood. Opening chapter introduces the historical development of relationships between parents and children in Roman and European law. It focuses on legal standards applicable in our country during the period of time from the establishment of the Czechoslovak Republic to the present times. Chapter Three is devoted to determination of maternity. It focuses on concealed birth,...
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Determination of parenthood
Hrušáková, Alexandra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood - Alexandra Hrušáková Abstract In my thesis "Determination of Parenthood", I focused on the largest area of family law. Everyone's life is influenced by his family the whole life. And there are many consequences connected to the relation between a child and his parents. My topic responds lively to the changes brought by current scientific and technical progress and dynamic development and metamorphoses in our society. I tried to describe it in a complex way, but in order to put accent on the most important segments of this problem. From the times of ancient Rome there exists the principle "mater semper certa est, pater incertus", which means that the identity of the mother is always certain, but the father isn't. However there exist some situations in which the principle could not be so clear. These situations created objective of this thesis. This thesis is divided into ten chapters. In every single chapter I wasn't only working with Czech law, but I also attempted to compare it to legislation of another countries The first chapter called Parenthood and Child is dealing with the theoretical definition of the components of a relation among parents and children and the rights and obligations rising from this relation. The next chapter presents The Right of the child to know his or...
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Determination of Parenthood
Šilarová, Věra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood (Abstract) The determination of parenthood is undoubtedly a very topical issue. There are significant changes which are consequences of modern society approach to the family life as well as of massive progress in the field of medical science and genetics. The development in these areas has brought new concepts such as baby-boxes, assisted reproduction and surrogacy. Now it is up to the legislation to provide rules within the legal framework for these new institutions to steady parental relationships and to secure their protection as well. The aim of this thesis is to familiarize the reader with Czech legal regulation of determination of parenthood by means of its description and analysis. Another aim of the work is to compare this legal regulation with regulation in other countries, in particular in Germany and to find similarities and differences between them. Finally the thesis highlights new institutions within determination of parenthood. This thesis consists of nine chapters which deal with particular parts of its subject-matter. The opening chapter discusses the relationship between a parent and a child both theoretically and historically. Apart from that it also describes legal regulations applicable in the Czech Republic and Germany in the course of time. The second...
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Determination of parenthood
Kozáková, Lenka ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Establishing parentage The subject of this master thesis is the issue of establishing parentage. The thesis targets areas of establishing parenthood, issues of three legal presumptions and last but not least, parenthood denial. The question of establishing maternity is examined mainly from perspectives including surrogate maternity, assisted reproduction method and secret and anonymous delivery. All matters are reviewed based on the valid amendment to Act No. 89/2012 Coll., the Civil Code that has come into effect on 1.1.2014. The goal of the thesis is it to introduce, describe and analyze the new amendment to the Family Act. Further, it aims to compare individual institutions with respect to changes made to the Family Act in the past and those made as a part of the new amendment. The thesis consists of eight key chapters. The initial chapter targets relationships among parents and their children, protection of children's legal rights as well as a child's right to know its biological origin. Following, the second and the third chapters concentrate in depth on legislation of the paternity establishment per se. While the second chapter covers the historical development of the legislation from the ancient Rome era until present, the latter chapter intends to introduce the legislation from domestic,...
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Determination and denial of parenthood
Skočková, Sylva ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The rigorous thesis deals with the determination and denial of parenthood and relevant legal regulations. The thesis is divided into eight chapters. The first section monitors the historical development of determining parenthood from the Roman era through modern European legal regulations to the current Czech legislation. The second part is addressed to major sources of law in terms of the determination and denial of parenthood, whereas the third one dwells on the crucial case law of the European Court of Human Rights. The fourth chapter clarifies issues related to the determination of motherhood including secret and anonymous childbirths. The fifth section engaged in assisted reproduction and surrogate motherhood is followed by the next part regarding the determination and denial of fatherhood. The seventh chapter comparing the Czech and the Slovak legal regulations comes next. The last passage mentions the relevant treatment in the New Civil Code.
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Determination of parenthood
Pomplová, Hana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
- Determination of Parenthood The topic of my thesis is Determination of Parenthood. With this topic are connected problems not only legal, but often also social and ethical. Parenthood affects all of us and it's an important aspect of human life. That's why there should be legal assurance in relationship between parent and child. Development in the field of medicine is still ahead (mainly thanks to methods of assisted reproduction and DNA analysis) and the rules of law should respond and deal with it. The aim of this thesis is describe and become acquainted with problematics of determination of parenthood, valorize how legislation responds to modern development and to propose possible changes. Thesis is prepared on the basis of existing legislation on the date of submission of the thesis. Thesis is divided into seven main chapters, which are divided to further subsections. First chapter deals with concept of parenthood and methods of determination. Second chapter describes historical development of legislation on Czech territory, since Roman law to recodification of civil law. Related third chapter concisely summarizes national and international legal sources of current legislation. Chapter four is about determination of maternity and problems of surrogacy, anonymous childbirth, concealed birth...
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Determination of parenthood
Pomplová, Hana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
- Determination of Parenthood The topic of my thesis is Determination of Parenthood. With this topic are connected problems not only legal, but often also social and ethical. Parenthood affects all of us and it's an important aspect of human life. That's why there should be legal assurance in relationship between parent and child. Development in the field of medicine is still ahead (mainly thanks to methods of assisted reproduction and DNA analysis) and the rules of law should respond and deal with it. The aim of this thesis is describe and become acquainted with problematics of determination of parenthood, valorize how legislation responds to modern development and to propose possible changes. Thesis is prepared on the basis of existing legislation on the date of submission of the thesis. Thesis is divided into seven main chapters, which are divided to further subsections. First chapter deals with concept of parenthood and methods of determination. Second chapter describes historical development of legislation on Czech territory, since Roman law to recodification of civil law. Related third chapter concisely summarizes national and international legal sources of current legislation. Chapter four is about determination of maternity and problems of surrogacy, anonymous childbirth, concealed birth...
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Determination of parenthood
Kozáková, Lenka ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Establishing parentage The subject of this master thesis is the issue of establishing parentage. The thesis targets areas of establishing parenthood, issues of three legal presumptions and last but not least, parenthood denial. The question of establishing maternity is examined mainly from perspectives including surrogate maternity, assisted reproduction method and secret and anonymous delivery. All matters are reviewed based on the valid amendment to Act No. 89/2012 Coll., the Civil Code that has come into effect on 1.1.2014. The goal of the thesis is it to introduce, describe and analyze the new amendment to the Family Act. Further, it aims to compare individual institutions with respect to changes made to the Family Act in the past and those made as a part of the new amendment. The thesis consists of eight key chapters. The initial chapter targets relationships among parents and their children, protection of children's legal rights as well as a child's right to know its biological origin. Following, the second and the third chapters concentrate in depth on legislation of the paternity establishment per se. While the second chapter covers the historical development of the legislation from the ancient Rome era until present, the latter chapter intends to introduce the legislation from domestic,...
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Determination of paternity
Vykydalová, Alice ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The thesis deals with parentage determination. At present, this issue is becoming more and more topical due to current diversion from traditional values, the traditional model of family in particular. The thesis concerns not only with the determination of paternity, but also with maternity determination, which is mentioned with regard to assisted reproduction and surrogacy. Emphasis is placed on both, current legislation and the new Civil Code coming into effect on 1 January 2014. The thesis is divided into eight chapters. The introduction discusses possible views on the concept of parenthood. Furthermore, it introduces the issue of parentage determination, especially in connection with the increasing number of children born outside marriage. The following chapter is devoted to legislative regulation of parentage determination itself. Firstly, it elaborates the history of such regulations with focus on Roman law and the Austrian Civil Code. Subsequently, it describes the current legislation and briefly comments on the new Civil Code, which is further discussed in the corresponding chapters. The third chapter examines the determination of maternity. Included are the issues of assisted reproduction and surrogacy, as well as anonymous and concealed births, which have become an important topic rather recently....
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Determination of Parenthood
Šilarová, Věra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood (Abstract) The determination of parenthood is undoubtedly a very topical issue. There are significant changes which are consequences of modern society approach to the family life as well as of massive progress in the field of medical science and genetics. The development in these areas has brought new concepts such as baby-boxes, assisted reproduction and surrogacy. Now it is up to the legislation to provide rules within the legal framework for these new institutions to steady parental relationships and to secure their protection as well. The aim of this thesis is to familiarize the reader with Czech legal regulation of determination of parenthood by means of its description and analysis. Another aim of the work is to compare this legal regulation with regulation in other countries, in particular in Germany and to find similarities and differences between them. Finally the thesis highlights new institutions within determination of parenthood. This thesis consists of nine chapters which deal with particular parts of its subject-matter. The opening chapter discusses the relationship between a parent and a child both theoretically and historically. Apart from that it also describes legal regulations applicable in the Czech Republic and Germany in the course of time. The second...
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