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The municipality as a public guardian
Kapičková, Kateřina ; Dobiášová, Karolína (advisor) ; Angelovská, Olga (referee)
Dissertation deal with custodianship of adult persons who are, on the ground of court order, limited their own no legal competention. The main purpose is to describe and explain institutional care adjustment to persons who are limited their legal capacity, and thus give an explanation of public custodianship in the Czech Republic. Custodianship of adult person is set in Civil Code, num. 89/2012, which has brought changes into assessment of legal competention of adult persons. In case, there is no family member who is able to care of no legal competention person, the court enact the village, where is person's permanet address, to be his carer. Public custodianship legislation has been missing up to now, the only document that has been given to help self -government clerks is methodical manual. Besides describing no legal competention care of persons in ny dissertation, I engage in identification problems and putting public custodianship into practise. I identify daily problems of administration workers relating to public custodianship. In empirical part, using qualitative form of research, I interview workers in Liberec district, who work in area of local custodianship.
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Substitute family care in the Czech Republic
Trnková, Lucie ; Salač, Josef (advisor) ; Hendrychová, Michaela (referee) ; Radvanová, Senta (referee)
This dissertation is concerned with the issues surrounding substitute family care in the Czech Republic and presents an analysis of its legal regulation as set out in both private law and public law regulations. The term substitute family care encompasses several independent legal institutions, which together form a system serving to protect children at risk who cannot grow up in their own family. The system of substitute care is divided into family-type individual care on the one hand and collective care provided in institutional facilities on the other. This dissertation examines the historical development of forms of substitute care, analyses their current legal regulation, including procedural regulation, and evaluates the interconnectedness and mutual harmoniousness of individual legal regulations. It analyses the inner workings of the substitute care system and delineates the rights and obligations of entities which enter into it in various capacities, with an emphasis on how the fulfilment of the rights of a minor is enforced and how their best interest is considered. Given the subject matter, the topic of the dissertation is approached in an interdisciplinary fashion, for the interdisciplinary cooperation of individual persons acting on behalf of the state in the legal relations of...
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Representation
Komárek, Tomáš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Representation: This thesis on the topic of representation is focused generally on behalf of the Institute. It mainly deals with the rules contained in Civil Code, Act no. 89/2012 Coll. It desribes basic concepts and methods of resolution representation. Its interpretation focuses on the diferences between any forms of representation. In that case, it is not possible to write up the entire institution of the representation, which was one of the largest in the law. This work is therefore focused on the substantive representation, and especially on the conditions for the creation and termination of contractual representation and on guardianship and especially guardianship of individuals. The thesis contains also an outline of the historical development of the Institute's presence in our law, but again, considering the vastness of representation, it is not an exhaustive analysis, but merely mentioning the most significant sources. An element of this thesis is also an overview of the procedural representation in civil court proceedings. Adoption of the Civil Code Act no. 89/2012 Coll. had to institute represented a significant impact when to applicable law brought many new important sub-institutes, and greater clarity.
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The current system in alternative foster care for vulnerable children
Semerádová, Lucie ; Válková, Monika (advisor) ; Krahulcová, Beáta (referee)
My dissertation work deals with substitute foster care. It's mainly focused on summary of changes in law in the current systém and their contribution to practice. The main goal was to map out the area of substitute foster care from the very first references of foundlings of Bohemia and Moravia. The theoretical part is divided into four chapters that include history, reason of changes from the UN to the amendment of laws and their implementation. Further I describe all forms of substitute foster care in Czech republic including financing and education of foster parents. The last chapter of theoretical part I focused on the substitute foster care system in the UK which is the model for a similar system in the Czech republic. The practical part is dedicated to qualitative research that tries by using the semi-structured interviews to find out how the mentioned changes work in praxis and how they affect the work of social workers and foster parents. The praxis shows that the amendment helps the healthy development of the child however the praxis lacks a coherent tools of social work to its proper fulfillment and functionality.
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Representation
Čermáková, Nikola ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Representation The thesis on the representation is aimed generally on the institute of representation, basic concepts and resolution methods of representation. Given the scope of the thesis is not possible to cover discourse about all forms of representation and therefore is focused on substantive representation, whether contractual, statutory representation and other specific forms, especially human guardianship and guardianship of legal entities or representation of legal entities. In the thesis are included as information on the historical development of the Institute's the representation, especially since the general Civil Code and therefore early 19th century and comparison of current legislation contained in the Civil Code of 1964 and the new Civil Code, effective from 1 January 2014. Raised the major changes that will occur in the near future in the regulation of the representation, as well as outline the basic problems that this adjustment could bring in the practice of law. Is also pointed out to adjust representation in European law, konrkétně the Principles of European Contract Law and the Draft Common Frame of Reference.
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Representation
Navrátilová, Lucie ; Dvořák, Jan (advisor) ; Elischer, David (referee)
REPRESENTATION This theses focused on representation in term sof civil law, family law and business law. This issues is processed komplex and contains all the basic attributes of representation. Theses is based on current treatment of private law and it highlights the changes in new civil Code effective since january 2012. It evaluates legislation in comparison with future changes. It refers to mootness, uncertainties and inaccuracies contained in the current Civil Code. The work focuses on the representation in general and its different types based on the Civil Code. It also contains a modification in the representation of the Commercial Code, which focuses on representing corporate and procuration. The presentation draws on family law representation and guardianship of minors, guardianship.
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Representation
Jirásková, Alena ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The Master's degrese thesis analyse the institute representation in the civil materiál law. It characterises representation globally and tries to digestedly make general scheme which is made on the basis of the legal regulations and second bibliography. The representation in the civil material law could be resolve into the different subsets according to the various conditions. On of the possible ways of the dividing is direct and indirect representation. Indirect representation could be defined as acting of the representant in his own name on behalf of the represented person. Direct representation is acting of the representant in the name of the reperesented person and on its behalf. The rights and the duties come up directly for the represented person. The representation in the civil material law is divided into the contracting representation and the legal representation. The legal representation originated directly in the law or on the basis of the decision of the state power body. The example of the representation which results from the law is the representation of the underages because they do not have full legal status. The legal representation which is result of the decision of the state power body is called also tutelage. The tutelage is possible for he underage persons but also for the...
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Representation
Horčičková, Anna ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1 Abstract Representation This thesis concerns the institute of the representation in effective legislation of civil law particularly in the Act no. 89/2012 Coll., Civil Code. This institute is very important for each person, no matter it's age or profession, because everybody in his live needs to use the representation. Not only have I focused in my thesis on the part of the Civil Code which is called representation, but also on the other parts that contain representation as well. My thesis is divided into nine chapters, in which I am dealing with representation based on the decision of the court as well as the contract or the law. At the beginning my thesis describes historical basis of representation and also short glimpse to the previous legislation. The next chapter deals with chosen types of the representation that are not regulated in the chapter III of the Civil Code, but I also consider them as really important and very useful in practice. The most of the thesis is focused on the part of the Civil Code that is named the representation. Firstly general provisions are described where I specially focus on the power of attorney, its form and necessary provisions. In the representation based on contract belongs also procuration, where I included its origin, its extent, form and termination. The thesis...
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Protection of rights and honour of people wiht dementia living in the Nursing Home for Persons with Cognitive Impairment
TETOUROVÁ, Renata
The thesis deals with the rights and human dignity protection with people suffering from dementia. The thesis examines the way in which human rights are guaranteed and safeguarded in international human rights law documents, but especially the way in which the Czech Republic approaches the problems, particularly social services which follow standards of social services. The thesis looks for an answer whether standards of social services quality are sufficient guarantee of human rights and dignity protection with persons, specifically with people suffering from dementia in the home with special regime. To find it out, there is used analysis of worked out standards of social services quality Human rights protection of particular social services provider. There are suggested possible resources leading to safeguarding of human rights and dignity protection with people suffering from dementia.
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