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The question of divorce in the Czech Republic and Germany in comparison
Čermáková, Zuzana ; Radvanová, Senta (advisor) ; Hendrychová, Michaela (referee)
In this thesis, I primarily deal with the question of divorce in the Czech Republic in comparison to Germany. The objective is to describe the legal regulation of divorce in general and the legal regulation of the visitation and education of children after the divorce and the historical development of the legal regulations. The thesis shows that the German legal regulation of divorce is often more detailed and elaborated. Finally, it is possible to state that both legal regulations are in the main part very similar and have the same principles.
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The regulation of international jurisdiction of courts in proceedings to settle the relationship to minor children and in divorce proceedings
Štětinová, Marie ; Zavadilová, Marta (advisor) ; Pfeiffer, Magdalena (referee)
The regulation of international jurisdiction of courts in proceedings to settle the relationship to minor children and in divorce proceedings The thesis aims to analyse current legal regulation of international jurisdiction of courts in proceedings settling the relationship to minor children during their parents' divorce, which is to be found mainly in the regulations of the European Union, in international conventions and in the Czech law. The relevant legal regulation is then closely examined in order to assess whether and under which circumstances is it possible to determine international jurisdiction of courts in one country both in divorce proceedings and in proceedings to settle the relationship to minor children, regarding mainly matters of the parental responsibility and matters of maintenance obligation from parents towards children. The first chapter of the thesis is focused on explanation of used legal terms, as international private and procedural law and international jurisdiction. There is also a summary of the sources of law which are analysed in the following chapters. The second chapter analyses the relevant sources of law and its provisions which deal with procedural aspects of international family law and explains the term parental responsibility. The third chapter is closely...
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Divorce in Czech and French legislation
Čechová, Michaela ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Divorce in Czech and French legislation Abstract This diploma thesis deals with explanation and comparison of legislation of divorce in the Czech Republic and the French Republic. The main aim of this thesis is to give reader the sense of a system of legal instruments concerning the divorce, which are used on the one hand in the Czech Civil Code ("Občanský zákoník") and on the other hand in the French Civil Code ("Code civil"). The explanation is ended by speculating, which French legal instrument could be potentially introduced and applied in the Czech regulatory environment. The thesis is based on Czech and French specialised literature and legislation. Main legal acts, which were used, are Czech ("Občanský zákoník") and French ("Code civil") Civil Codes. Procedural acts were also used, namely Czech ZŘS, OSŘ and French Code de procédure civile. The thesis is divided into four chapters. First chapter is devoted to brief overview of the historical evolution of the legislation of divorce on the current territory of the Czech Republic and the French Republic. The most important legal acts and events, which has affected the evolution of the legislation, are mentioned. Current legislation of the divorce in the Czech Republic is analysed in the second chapter. Substantive, but also procedural aspects of divorce...
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Marriage from the point of view of civil and canon law
Procházka, Petr ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
1 Název práce v anglickém jazyce Marriage from the point of view of civil and canon law Abstract Marriage is an important legal institution that affects a large number of the population. Marriage as we know it today evolved out of church marriage, and it is not only because of this that the two types of marriage that exist side by side with mutual respect for each other today are very similar in many ways. The purpose of this study is to describe and analyse the two types of Marriage, compare them to each other, and make comparisons with a focus on the variations between the two marriages. The objectives and purpose of the study are stated in the Introduction and the success of the objectives in the Conclusion. In the first part (chapters 1 and 2), the author focuses exclusively on civil marriage, from its historical development and legal sources, through the phase preceding the formation of marriage and the wedding ceremony representing the creation of marriage, to its dissolution. A significant part is also dedicated to the procedural aspects of divorce procedure, which represent a completely special type of civil procedure. The second part of the work, consisting of Chapters 3 and 4, deals with marriage under canon law. The content the second part of the study corresponds to the first part of the work,...
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The divorce and its civil-law consequences
Frček, Mojmír
My dissertation thesis is concerned with the theme of divorce and its civil-law consequences. It would be difficult to find any other legal concept in the real life that has undergone so many changes as divorce and the associated civil-law consequences. While compiling this thesis I strived to become acquainted primarily with any available theoretical sources, such as commentary literature, specialised books, legal textbooks and, last but not least, also specialised magazines, both printed, such as Právní rozhledy, Soudní rozhledy, Rodinné právo, Právo a rodina and Právní rádce, including magazines published by relevant professional chambers - Bulletin advokacie (Czech Bar Association), Ad Notam (Notary Chamber of the Czech Republic) and Komorní listy (Chamber of Distrainers of the Czech Republic), and the electronic ones, such as epravo.cz or eLAW.cz. Where relevant legal opinions on a particular matter varied, I recorded this plurality of opinions and, at the same time, I formulated my own stance. As the topic of my thesis consisted in studying applicable law, I heavily stressed that account should be taken of any decisions of general courts as well as of the Constitutional Court. Where the court case-law had been developing over the years and either inconsistent or even contradictory legal...
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Interest of the child and divorce of parents in Czech and Norwegian law
Andršová, Petra ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Interest of the child and divorce of parents in the Czech and Norwegian Law Abstract The aim of this rigorosum thesis is to describe, analyze and compare current legislation of divorce of marriage in families with under-aged children, parental responsibility after divorce, and individual post-divorce living arrangements in the Czech Republic and Norway. The thesis defines the best interest of the child and evaluates how it is perceived, met and protected during the divorce in the Czech and Norwegian legislation. It further covers the role and competence of the child protective services in both countries. The thesis is divided into seven sections. The first section is dedicated to the concept of legislation of divorce in families with children and their protection. The second section covers the key terminology of the thesis - the best interest of the child and child welfare. The third, main section of the thesis describes and analyzes individual criteria, which are decisive for the regulation of the circumstances of a child during the divorce of marriage. The chosen division of the thesis reflects the judicature of the Czech Constitutional Court and individual criteria are completed by the judgements of the European Court of Human Rights. The fourth section of the thesis deals with parental responsibility...
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Divorce proceedings
Malý, Miroslav ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Proceedings on marriage divorce This diploma thesis describes the proceedings on marriage divorce. I chose this topic because I consider it up-to-date and practical, in particular taking into account that nowadays almost every other marriage ends with divorce. The thesis aims to explain and analyze the legal regulation of this institute. The proceedings on divorce are currently regulated by provisions of the Act No. 292/2013 Coll., on Special Judicial Proceedings (and previously regulated Act No. 99/1963 Coll., the Civil Procedure Code) adopted within the process of recodification of the private law in year 2014 which also included adoption of the Act No. 89/2012 Coll., the Civil Code that stipulates legal conditions of marriage divorce with respect to the substantive law. The thesis is divided in four chapters. I believe that this structuring is important for comprehensive understanding of this institute. The introductory chapter defines the basic concepts that are fundamental to the subject of this thesis, i.e. the concept of marriage and divorce. This chapter also contains current legal regulation of divorce proceedings in the historical context. The second chapter describes marriage divorce with respect to the substantial law. It analyzes the substantive conditions of marriage divorce and...
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Relations between parents and children after divorce
Linhartová, Aneta ; Frinta, Ondřej (advisor) ; Salač, Josef (referee)
Relations between parents and children after divorce Abstract The aim of this thesis is to present current legal regulation regarding relations between parents and children after divorce, which is included in the Act No. 89/2012 Coll., Civil Code, as amended, to point out problematic aspects during its practical application and to suggest other possible future solutions for particular issues. The thesis is composed of five chapters. Chapter one deals with divorce. It investigates historical development of its legal regulation, current legal regulation including divorce proceeding, and also some legal consequences of divorce. Part of this chapter concentrates on suggestions de lege ferenda regarding simplification of divorce. Chapter two is concerned with legal regulation of relations between parents and children after divorce in a historical context, from the General Civil Code till nowadays. Chapter three analyses individual aspects of legal regulation of relations between parents and children after divorce. At first it looks at custody of minor children after divorce and its particular forms, i.e. sole, alternating and shared custody. Another part of this chapter deals with regulation of contact of a parent and a minor child. After that the chapter concentrates on alimentary obligation regarding a minor...
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Divorce of a marriage
Seitlová, Petra ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
English abstract Divorce of a marriage This thesis provides a comprehensive treatise on the institute of divorce of a marriage in Czech law order, with an emphasis on its postition in former legislation, its development and the pitfalls of legislation which are with this institute connected. The thesis analyzes particularly its conditions, consequences and proceedings for divorce of a marriage. It focuses also on the ways of termination of the community property of spouses and its settlement, duty to support of children as well as the settlement of other rights and obligations between former spouses. It also includes alternative ways of resolving divorce of s marriage and comparison with the legislation of other European countries. All work is completed with related law and current case law.
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