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Enforcement of judgment regarding the raising of minors
Srbová, Gabriela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
in English I have chosen as the topic of my thesis "Enforcement of judgment regarding the raising of minors", extended of matters related to international child abduction. Such topic is not being found interesting by me only it is also a very current topic and is being widely discussed in today's society. And yet it is not a topic covered thoroughly enough, in my opinion. I have intended to present those issues of legal regulations that are causing certain difficulties when has been applied in practices, and therefore widely discussed among the professionals as well as the general public. Given the scope of my thesis I was not only engaged in theory, but I was also trying to find items in current legal regulations that shall be improved, despite its recent amendment. I do justify my choice of this topic in the introduction part of the thesis and adumbrate the current social atmosphere of the area. In the second chapter entitled "Management in matters of custody held by the juvenile court," I analyze the issues related to the so called "best interests of the child". In the third chapter I am specifically dealing with various aspects of enforcement of judgment regarding the raising of minors, which primary contains the legal regulations that have been issued pre and post the latest amendment,...
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International abduction of children and private international law
Hakobjan, Suzana ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
International Child Abduction and International Private Law The aim of this thesis is to provide an overall insight into the issue of the International Child Abduction and to analyse the relevant instruments of law which desire to protect the child and other victims of abduction and to avoid harmful effects the abductions may have. In that context the thesis mentions the most important conventions which apply in this field. Among those legislations belongs first of all the Hague Convention on the Civil Aspects of International Child Abduction 1980 (hereafter as Hague Convention), also the Convention on the Rights of the Child (hereafter as CRC) and the Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter as ECHR). This thesis constitutes a complete and methodical overview of the return procedure under the Hague Convention. In the meantime it tries to point out some underlying issues which the Hague Convention failed to codify. This gaps in legislation and an absence of a single court to give an authoritative rulings on the interpretation of the Hague Convention cause that it lacks uniform application in practice. The thesis supports its conclusions by referring to the Jurisprudence of the European Court of Human Rights and offers to the reader various solutions of basic...
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International Child Abduction and Private International Law
Voclová, Karolína ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Diploma Thesis: International Child Abduction and Private International Law The purpose of my thesis is to analyse the issue of international child abductions through the lenses of private international law. The paper focuses mainly on the international documents regulating this area. These are, above all, The Hague Convention on International Child Abduction 1980 and the Council Regulation (EC) No 2201/2003 (new Brussels II Regulation). The research endeavours to answer the question whether the current legislation comply with the needs of the parties concerned. The thesis is composed of eight Chapters. All the Chapters are supplemented by relevant case law. Chapter One is introductory and presents the most important pieces of legislation in the area of international child abduction. Their mutual relationship and application is explained. Moreover, the causes of the cases of international child abduction are described in this Chapter. Chapter Two represents the core part of the whole thesis. It deals with The Hague Convention. Chapter is subdivided into five Parts. First two Parts concentrate on the formation of the Convention and its aims. Part Three provides definitions of the four main concepts of the Convention, namely wrongful removal or retention of a child, habitual residence of a child,...
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Protection of a child as a subject of human rights within the scope of international and European Union regulation of international abductions
Kozáková, Jana ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
The diploma thesis is entitled "Protection of a child as a subject of human rights within the scope of international and European Union regulation of international abductions" and deals with the position of a child within the legal norms governing human rights, children's rights and international child abductions. The thesis examines how a child is viewed, whereas as an object or as a subject of rights. The thesis is divided into three chapters, which gradually move from a general explanation of the basic concepts to the specific regulation of the child's position within the framework of international child abductions. The first chapter defines the basic concepts of the object and subject of human rights, generally analyses the position of a man as a subject of international human rights regulation and subsequently the position of a child as a specific category of human rights protection. Finally, the first chapter answers the question of how the concepts of object and subject of human rights differ. The second chapter deals with the legal standards governing the protection of human rights with the emphasis on the protection of the child as a human rights subject. The presented legal standards are analysed from the perspective of the regulation of children's rights and international child...
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International Child Abduction and Private International Law
Voclová, Karolína ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Diploma Thesis: International Child Abduction and Private International Law The purpose of my thesis is to analyse the issue of international child abductions through the lenses of private international law. The paper focuses mainly on the international documents regulating this area. These are, above all, The Hague Convention on International Child Abduction 1980 and the Council Regulation (EC) No 2201/2003 (new Brussels II Regulation). The research endeavours to answer the question whether the current legislation comply with the needs of the parties concerned. The thesis is composed of eight Chapters. All the Chapters are supplemented by relevant case law. Chapter One is introductory and presents the most important pieces of legislation in the area of international child abduction. Their mutual relationship and application is explained. Moreover, the causes of the cases of international child abduction are described in this Chapter. Chapter Two represents the core part of the whole thesis. It deals with The Hague Convention. Chapter is subdivided into five Parts. First two Parts concentrate on the formation of the Convention and its aims. Part Three provides definitions of the four main concepts of the Convention, namely wrongful removal or retention of a child, habitual residence of a child,...
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Uncontested proceedings in cases involving minors
Spáčilová, Jana ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Uncontested proceedings in cases involving minors The aim of this thesis is to provide a comprehensive overview of non-contentious proceedings in cases involving minors with a defined focus on the adoption proceedings and court custody of minors. The purpose of my thesis is to analyse the area of international child abduction and the proceedings of that. Chapter One describes the contentious and non- contentious proceedings and distinction between that with an overview of non-contentious proceedings in cases involving minors and their distribution. For the purpose of this text, non- contentious proceedings in cases involving minors are divided into two subdivisions, namely the adoption proceedings and court custody of minors. Chapter Two concentrates on court custody of minors. Chapter Three focuses on the international child abduction, which is selected from court custody of minors. New substantive law was the cause of creation of the new system of procedural law, which shows a certain degree of shortcomings regarding the procedure for the adoption of an full age. The issue of international child abduction and proceedings of that is regulated by Czech and supranational law. All these regulations have common several principles which are important for all the proceedings in the court custody of...
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Enforcement of judgment regarding the raising of minors
Srbová, Gabriela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
in English I have chosen as the topic of my thesis "Enforcement of judgment regarding the raising of minors", extended of matters related to international child abduction. Such topic is not being found interesting by me only it is also a very current topic and is being widely discussed in today's society. And yet it is not a topic covered thoroughly enough, in my opinion. I have intended to present those issues of legal regulations that are causing certain difficulties when has been applied in practices, and therefore widely discussed among the professionals as well as the general public. Given the scope of my thesis I was not only engaged in theory, but I was also trying to find items in current legal regulations that shall be improved, despite its recent amendment. I do justify my choice of this topic in the introduction part of the thesis and adumbrate the current social atmosphere of the area. In the second chapter entitled "Management in matters of custody held by the juvenile court," I analyze the issues related to the so called "best interests of the child". In the third chapter I am specifically dealing with various aspects of enforcement of judgment regarding the raising of minors, which primary contains the legal regulations that have been issued pre and post the latest amendment,...
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International abduction of children and private international law
Hakobjan, Suzana ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
International Child Abduction and International Private Law The aim of this thesis is to provide an overall insight into the issue of the International Child Abduction and to analyse the relevant instruments of law which desire to protect the child and other victims of abduction and to avoid harmful effects the abductions may have. In that context the thesis mentions the most important conventions which apply in this field. Among those legislations belongs first of all the Hague Convention on the Civil Aspects of International Child Abduction 1980 (hereafter as Hague Convention), also the Convention on the Rights of the Child (hereafter as CRC) and the Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter as ECHR). This thesis constitutes a complete and methodical overview of the return procedure under the Hague Convention. In the meantime it tries to point out some underlying issues which the Hague Convention failed to codify. This gaps in legislation and an absence of a single court to give an authoritative rulings on the interpretation of the Hague Convention cause that it lacks uniform application in practice. The thesis supports its conclusions by referring to the Jurisprudence of the European Court of Human Rights and offers to the reader various solutions of basic...
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