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Reasoning of civil judgments
Palánová, Petra ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Reasoning of civil judgments Abstract This thesis deals with the reasoning of judgments issued in civil proceedings. Court judgment represents the key output of court in civil proceedings, because it is the goal of civil proceedings. However, not only the operative part of the decision, but also its reasoning, in which the court explains its reasoning to the parties and the superior courts, is essential. A statement without adequate reasoning is not reviewable and may also be a reason for considering arbitrariness in judicial decisions. Providing good reasoning is therefore an essential part of a fair trial and also an indispensable ability of a good judge. The aim of the thesis is to analyze the legal regulation of the reasoning of court decisions in terms of whether it provides sufficient guidance for drawing up a proper reasoning, and to identify the proper reasoning of court decisions with regard to the most often seen shortcomings in practice and how to avoid them. For this purpose the Czech legislation is placed in the context of the right to a fair trial and its individual aspects defined at the supranational and constitutional level. Opinions of professional public are taken into account and the related case law is evaluated. The thesis is drafted into five chapters, in the introductory chapter the...
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Foster care and child with handicap
VÍTOVEC, Jiří
I divided my bachelor thesis named Foster care and child with handicap into three parts. The first three parts are focused on theoretical assessment of problem and the rest four on research and its conclusion. Chapters, which handling theory, are focused on general information about foster care defining it in system of substitute family care, following reasons for putting child into this system, couple´s motivation to offering their family as a safe place to upbringing a child, their financial cover and ending conditions. In the next chapter it comes with connection of foster care with upbringing of disabled child and it all makes combination of those two large themes. At first this part defines basic information about disabilities. Later it solves issue of upbringing, relationships between foster-parents, relations of siblings, adolescence and amount of information which are needy for parenting. In the last chapter of theoretical assessment is focused on relations of foster family and surroundings, thus with related or close people. I have concentrated on two objectives in research, which are in connection with two important elements of foster care. First one is targeting finding of foster-parent's satisfaction with provided services associated with their activity. In case of this objective I paid attention on relations of foster family to law changes related to foster care and also the services, which are used by foster children or family. The second objective of research was finding out foster-parent´s reasons for disabled child adoption. In the context of this objective, there is attention on reasons itself of decision and describing a fact of knowledge of disability before adoption and problems coming with. I used quantitative research, interrogation method, technic of non-structuralised dialog. This dialog I made with three couples situated in South Bohemia, who have disabled child in care. Due to achieving best results, I choose couples, who have more than five children and they are older than fifty years old. Couple's experiences were important criteria of choosing process. Many important facts came from the dialogs I made with respondents. At first, in case of finding out respondent´s satisfaction with provided services, I can tell that financial system is advantageous for single person compared to both parents dealing with foster care. I also found out that the most used provided service is specialist´s help, especially psychologist and doctors. Other important service, used by foster-parents, is meetings with other people participating in foster care program. It provides them chance to transfer experiences and information among other foster parents, which they consider usable. Except that they see special courses as a very important part, despite the fact it´s compulsory. It gives them opportunity to improve their care. In the context of second given objective I could determine for what important reason foster parents have decided to participate in foster care. The most important reason was impossibility of having own child and other was make a sibling to their own child. It comes from research that parents got lack of information about foster child´s disabilities before taking a child. Two cases had only partial information and in one case they didn´t know about child´s handicap at all. According to school, it was mainly explanations of children´s special needs. Foster parents emphasized need of services given to their children, which accomplished foster care, regardless disability or not. This bachelor service can serve as inspiration to make offer of services targeted to improve foster care. For example, foster parents implied to create controlling system above accompanying organizations to prevent some negative side effects.
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