|
|
Determining paternity in Czech and French law
Hlavinková, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Determining paternity in Czech and French law The main subject of the thesis are the determination of paternity and the denial of paternity in Czech and French legal systems. The aim of the work is to compare individual aspects of establishing paternity in both legal systems, to present the basic concept and specifics of the legal regulations foreseen by law, to point out possible gaps in the given legislation and to examine selected factual situations and problems related to this issue. The thesis is systematically divided into four chapters. The first chapter deals with the historical development of the legal rules of both legal systems, from the times of Roman law to the present. The development of methods used to determine paternity is also outlined here. The second chapter focuses on the issue of determining paternity, which is based on a system of legal presumptions. In addition to introducing individual legal presumptions and their regulation in Czech and French legal system, this chapter focuses on the differences between the Czech and French legal systems and points to specific factual situations that are insufficiently regulated in the given legal system, or not regulated at all. The aim of the third chapter is to systematically present the issue of denial of paternity in both legal...
|
|
|
Determination of Paternity
Šourek, Josef ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Determination of Paternity Abstract The master's thesis primarily delves into the intricacies of fatherhood and its determination and denial in the legal framework of the Czech Republic. It is complemented by a brief delineation of related institutions, such as motherhood and parenthood. The aim is not only to analyze the current legal regulations from a substantive legal perspective but also to explore its historical roots and gradual evolution in our territory. Additionally, a comparison is drawn with the relevant legal provisions in the legal system of Great Britain - specifically, England and Wales. In the first part, attention is dedicated to defining the concept of fatherhood itself and reflecting on its three dimensions in Czech law, including insights from jurisprudence and doctrine. For context, the document also discusses motherhood and parenthood - terms distinct from fatherhood but intricately connected to it. The second part focuses on the historical development of the legal regulation of fatherhood, starting from its ancient foundations laid down by classical Roman law, through the period of the first civil code in our territory, to socialist family law codes. The ways in which these historical developments have shaped the contemporary legal framework are explored. Building upon the preceding...
|
|
|
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...
|
|
|
Legal Proceeding of Establishment and Disputing Parentage
Svobodová, Petra ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Legal Proceeding of Establishing and Disputing Parentage The topic of this thesis is the legal proceedings of establishing or disputing parentage. The aim of the thesis is to provide complex description and analysis of current framework of the proceedings for establishing or disputing parentage in relation to the substantive measures, point out problematic areas and weak spots of the legislation and provide possible solutions de lege ferenda. The text is divided into eight chapters. First chapter deals with the term "parentage" from various perspectives - biological, social, legal and the link between them, mainly with the case law of the Supreme Court, Constitutional Court and the European Court of Human Rights in mind. Second chapter provides the historical evolution of the legal framework for establishing and disputing parentage, going all the way back to the ancient Rome, Austrian Civil Code, the Family Law Code and the Family Code, to the present, where the civil law underwent re-codification and the whole area of family law has been included within the new Civil Code. The third chapter is devoted to the analysis of the substantive measures regarding the establishing and disputing of parentage as described in the Civil Code, because the substantive measures and procedural measures are closely...
|
|
|
Determination of Paternity
Joštic Mrlinová, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
With the estabilishment of paternity sooner or later encountered almost every one of us. Although the paternity law and estabilishment of paternity is already known from the times of ancient Rome, it remains a relevant and contentious topic. The aim of this thesis is to comprehensively explore and explain the establishment and denial of paternity in the Czech legal system. The thesis is divided into eight chapters. The first chapter deals with the conceptualization of family and parenthood. It is necessary, because the current Civil Code contains these concepts. However, it does not define them. To further develop the thesis, it is therefore crucial to specify, what exactly those concepts mean within the Czech legal system. The first part of this chapter examines in detail the concept of family, in the second part is dealt with parenthood. In this context, it is illuminated exclusively legal parenthood and disputes between legal, biological and social parenthood. The second chapter focuses on the history of establishment and denial of parentage from the time of ancient Rome, through the period of General Civil Code (1811), the Law on the Right to Family (1949) to the Law on Family (1963). The second chapter is also divided into two sections, namely the historical development and establishing...
|
|
|
Determination of paternity
Jiroutová, Michaela ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The reason why I chose the issue of determination of paternity as a topic of my thesis is the fact that most of us will meet with this institute during our lifetime. The aim of this thesis is to analyze and describe the institute of determination of paternity, especially in the view of the applicable legislation. The thesis is composed of eight chapters. Chapter One deals with family and parenthood and defines the basic terms, sucha as the biological, social and legal parenthood. Chapter Two is subdivided into two parts and focuses on the legislation of paternity. Part One describes the historical development of parenthood, part Two briefly describes the source of law witch contains the current legislation. The next chapter concerns the determination of maternity, which is closely connected to the institute of paternity. Chapter Three, apart from the applicable legislation, also includes a subchapter about hidden birth and a subchapter that documents surrogacy. The following chapter already concentrates on the current Czech legislation of determination of paternity, which is included in the civil code. This chapter consists of six parts that closely describe various possibilities of determination of paternity in the Czech republic. I particularly focus on the assumption of paternity that there is a...
|
|
|
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...
|
guest ::
