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Legal status of a surviving spouse
Sáblíková, Martina ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Legal status of a surviving spouse Abstract The topic of my dissertation is legal status of a surviving spouse. In the introductory of this thesis I concentrated on the death of a spouse whereby the other spouse becomes the surviving spouse. Within this chapter I took into account substantive-law aspects, as well as procedural-law aspects of legal regulation, that means proving death, including proceedings to determine date of death, but also presumption of death, including declaration of death of a missing person. Then, I tried to point out the issue of determining the date of death relating to law of succession. Within the second chapter devoted to the status of a surviving spouse in terms of law of succession, I have focused on law of inheritance as such, including legal capacity and incapacity to inherit. Within this topic I tried to analyse the status of the surviving spouse as a statutory heir (his/her position as the heir of the first and second degree), the spouse as an incompetent heir, also as a testamentary heir, and finally as an heir subject to an inheritance contract. I also tried to think about the question why in the law of the Czech Republic the surviving spouse is not considered as the forced heir, while in other jurisdictions a spouse is a forced heir. Another chapter deals with the...
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Legal status of a surviving spouse
Sáblíková, Martina ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Legal status of a surviving spouse Abstract The topic of my dissertation is legal status of a surviving spouse. In the introductory of this thesis I concentrated on the death of a spouse whereby the other spouse becomes the surviving spouse. Within this chapter I took into account substantive-law aspects, as well as procedural-law aspects of legal regulation, that means proving death, including proceedings to determine date of death, but also presumption of death, including declaration of death of a missing person. Then, I tried to point out the issue of determining the date of death relating to law of succession. Within the second chapter devoted to the status of a surviving spouse in terms of law of succession, I have focused on law of inheritance as such, including legal capacity and incapacity to inherit. Within this topic I tried to analyse the status of the surviving spouse as a statutory heir (his/her position as the heir of the first and second degree), the spouse as an incompetent heir, also as a testamentary heir, and finally as an heir subject to an inheritance contract. I also tried to think about the question why in the law of the Czech Republic the surviving spouse is not considered as the forced heir, while in other jurisdictions a spouse is a forced heir. Another chapter deals with the...
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A strategy for harmonization of professional and family life of women with university degree at the beginning of their professional career.
Dvořáček, Pavel ; Kiczková, Zuzana (advisor) ; Kobová, Ĺubica (referee)
This thesis focuses on harmonisation of work and family life of female university graduates at beginning of their careers and at the time when they were taking care of babies up to five years of age. I have chosen this topic not only because it is rather an actual topic but also because I'm personally attached to it. My feminist research analysis is based on the theory of power and knowledge as is it described by Foucault and Butler. I was interested in original families of my communication partners where they grew up and where they adopted their social habits and behaviour. In the light of this social process, I have analysed what powers they had to face in their original families in terms of usage of gender stereotypes based on patriarchal layout of our society and preferential existence of one gender over the other. I have also focused on current families of my communication partners and on power relationships on the basis of which the process of harmonisation of professional and family life of my communication partners takes place, both in their private and public space. I have also analysed how social habits and behaviour gained during their childhood are implemented. It was very important for the interviews and for my feminist research to approach my communication partners as subjects, and...
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Marriage, its problems and economic consequences in practice, in relation to the recodification of Private Law
Nevolová, Lucie ; Cvik, Eva Daniela (advisor) ; Lenka, Lenka (referee)
This thesis contains theoretical knowledge of law of marriage in the Czech Republic, which from 1. 1. 2014 due the recodification of private law is governed by the Act no. 89/2012 Coll., Civil Code, as amended. Selected chapters deal with basic concepts that relate to this topic, the conditions of formation of marriage, duties and rights of spouses, dissolution of marriage, economical and legal consequences that result from marriage and selected the changes that occurred after the adoption of the Civil Code. The main aim of the practical part is the comparison of marriage and cohabition without marriage from an economic and legal point of view in connection with the recodification of private law. In conclusion, the work presents an analysis of survey results and overall assessment of the results obtained.
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