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Parental responsibility
Steinerová, Jolana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Parental responsibility Resumé - Zusammenfassung In der Arbeit habe ich mich mit Felsenklippen beschafft, die aus der spezifischen Verhältnisse zwischen Eltern und Kinder stammen, die Spezifität dieses Verhältnis ist durch die tatsächliche Ungleichheit den Subjekten gegeben, mit der Notwendigkeit die Schutz der schwächeren Seite - des Kindes zu sichern, ihren persönlichen Rechten sowie materialen Versicherung. Weiter die begrenzte Fähigkeit zu rechtlichem Tun des Kindes löst aus nicht nur den Brauch für es handeln, aber auch die Notwendigkeit es lenken, erziehen und die Aufsicht von ihm ausüben, denn das Kind hat begrenzte delinquente Fähigkeit, und die eventuelle Verantwortlichkeit für die Schaden, die einerseits dem Kind anderseits den dritte Personen verschuldet sind, tragen in der Regel die Eltern. Zu dem Vollzug diesen spezifischen Rechten und Pflichten den Eltern ist nötig ihnen die Kompetenz zu überlassen, die wir in anderen rechtlichen Verhältnisse auch nicht finden. Einer der Zielen meiner Arbeit war zu forschen, wie diese tatsächliche Ungleichheit zwischen den Subjekten die rechtliche Aufbereitung kompensiert, denn der Schutz der schwächeren Seite ist eine der Grundsatz, an denen das Privatrecht und vor allem Bürgerrecht basiert. Der Zweck meiner Arbeit war weiter zu lösen, wie die rechtliche...
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Basic elements of relationship between parent nad child (comparative study)
Sladká, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé Basic Elements of Relationship between Parent and Child (a Comparative Study) The topic of my master thesis is 'Basic Elements of the Relationship between Parent and a Child, a Comparative Study'. The main purpose of my thesis is to compare rights and duties of parents and children in their mutual relationship, both at the present time and in the past, as well as in various foreign countries. I tried to provide a comprehensive overview of this issue, because a lot of parents, more so children, do not know what their own rights and duties are. The main right, and also a duty, of parents is to raise their children, however, it is just the top of all their duties and rights as parents. Nowadays rights of children are stronger than in the past, thanks to international evolution. This international evolution causes national family law to be improved, which reinforces the rights of a child. We should however remember that rights of parents represent duties for children and vice versa, rights of children are duties for parents. The thesis is composed of an introduction, three chapters and a conclusion; the chapters are further divided into subchapters. The introduction describes the structure and main goals of my thesis. Chapter One deals with the history of rights and duties of parents and children. The...
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The relationship of parents to minors with regard to the specifics of domestic violence
Spoustová, Ivana ; Elischer, David (referee)
The dissertation thesis "Relationship of parents to minors with regard to the specifics of domestic violence" focuses in particular on judicial proceedings in cases of custody of minors where family relationships are affected by domestic violence. It attempts to explain why it is necessary for the courts to take into account this fact and to adopt such measures within their decisions to provide sufficient protection to persons at risk and at the same time to stop violent behaviour. Domestic violence as a dangerous social phenomenon is described in detail; information on its individual appearances and forms is brought; briefly mentioned are also other scientific disciplines whose knowledge is important not only for the recourse of offenders and the protection of victims but also for creation of a strategy of effective prevention. Negative impacts on mental state of minors are stressed, who must be viewed in all cases of domestic violence as its victims, i.e. also when the violent behaviour is not immediately directed against them. The thesis brings interpretation of the current legislation with reference to the most important changes in the legislation in the last decade. Last but not least, measures de lege ferenda are proposed the implementation of which could contribute to eliminating this...
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The exercise of parental responsibility by persons serving prison sentence
Hájková, Ilona ; Jandejsek, Petr (advisor) ; Martinek, Michael (referee)
The Diploma Thesis called The exercise of parental responsibility by persons serving prison sentence deals with the institute of parental responsibility, which means fulfilling and execution of rights and duties of parents serving prison sentence towards their underage children. Legal framework of this institute pursuant to current legislation in the Civil Code is described in detail in the theoretic part, the next part deals with the execution of sentence prison sentence as a specific life circumstance in which a human being is caught in as a parent. The research survey carried out in selected Czech penitentiaries for execution of prison sentence of men and women. The thesis analyses the current legislation of rights and duties of parents serving prison sentence and maps their carrying out in practice. Using the quantitative methodology, the results of the research survey show that rights and duties of parents acknowledged by legislation and in practice of the Constitutional court of the Czech Republic are substantially restricted during the execution of prison sentence. This restriction is caused by system obstacles as well as material and legal ones, both on the side of convicted parent and on the side of penitentiary and other state and non- state subjects that are supposed to take part in the...
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Child custodyl proceedings and the Cochem model
Heresová, Barbora ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Child custody proceedings and the Cochem practice Abstract The aim of this thesis is to describe and define, as thoroughly as possible, the child welfare judicial proceedings, particularly the child access and custody proceedings pursuant to section 466 b) and d) of Act No. 292/2013 Coll., on special court proceedings, as amended and to inform about the possibilities of its improvement through the use of the methods of the Cochem practice. The thesis consists of three main parts - part one and two are dedicated to the child access and custody proceedings, part three provides the reader with information about the Cochem practice. The first part of the thesis describes the child custody and access proceedings in general, it provides general information about the subjects of the proceedings (with focus on the court and the proceedings parties), furthermore it describes the position of the children' social and legal protection authorities and the Office for International Legal Protection of Children. In order to fully explain the procedural law regarding the child custody proceedings, this part also describes the substantive law. The second part of the thesis is dealing with the legal framework of the child custody proceedings, it also provides a thorough insight into the different types of legal child custody...
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Cochem practice
HŘÍŠNÁ, Lenka
This thesis deals with Cochem practise as a new way of solving the situation of child renduring the break up or divorce of parents. The introductory chapters describe the history of Cochem practise, the gradual adoption of its principles in Germany and the Czech Republic. It also describes the multidisciplinary cooperation of individual actors of the Cochem model, namely judges, workers of social and legal protection of children, family counselors, mediators, lawyers and experts. In the second part the thesis deals with the proces of realizing Cochem practise at a specific work place of the department of autority child protection. The thesis deals with the progress of the individual members of the multidisciplinary team and with how parents respond to the new approach.
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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...
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