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Adoption
Kliková, Jana Ela ; Radvanová, Senta (advisor) ; Hendrychová, Michaela (referee)
The aim of this thesis about adoption was to analyse this juridical institute deeper and describe its genesis in a period from about 1811 till present time, when legislation work on new Civil Code is ending. This work was focused on analysing actual legal regulations and some of its crucial problems, that rises from its aplications. With regard to historical closeness of German and Czech law, main differences between these legal regulations of this juridical institute of adoption were compared and determined. The character of the juridical institute of adoption has changed since beginning of 19th century from conception that protected mainly proprietary relations to current character as a form of substitutional family care. Especially aspects coming from basic human rights that were included in many international conventions (including Declaration of Basic Rights) during second half of 20th century were highlited. Methods like comparing and determining resulting from available literature were used for this work.
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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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Intervention of the state bodies in the field of the substitute for family care
Strouhová, Vladimíra ; Radvanová, Senta (advisor) ; Salač, Josef (referee)
: The theme of the thesis for the rigorous work is the intervention of the state bodies in the field of the substitute for family care. The given issue is considered not only from the private-legal point of view but the whole thesis contains also the endeavour to analyse the considerably complicated and continuously developing problems from the public-legal point of view in connections with the interventions and competencies of the state and the appropriate bodies thereof considering the existence of the public interest of the society consisting in the protection of the rights of endangered children growing up in an inconvenient family environment or without it in institutional homes. The author also pays attention to the previous legal regulation of the substitute for family care as well as the current one in connection with the new Civil Code, juridical decisions of higher courts, including the European Court of Human Rights, and international contracts concerning the right to respect for family life. The thesis is supplied with a treatise about psychological aspects of the substitute for family care and a digression into foreign countries comparing the legal regulations of three selected EU- countries, i.e. England, Slovakia and Bulgaria. The aim of the thesis is to show the present problems,...
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The relationship of parents to minors with regard to the specifics of domestic violence
Spoustová, Ivana ; Hendrychová, Michaela (advisor) ; Radvanová, Senta (referee) ; Voňková, Jiřina (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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Foster care as a form of surrogate family with regard to reform of legal regulation
Jarkovská, Barbara ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
Foster care, which represents the most common form of substitute family care in many developed countries including Czech Republic, constitutes the topic of this thesis. Foster care is managed, controlled and financed by the state. Its purpose is to provide a foster home for child, whose parents cannot, do not want to, or fail to take care of for various reasons. In Czech Republic foster care has undergone an interesting development, which reflected situation at the time, as well as empirical and theoretical knowledge in this area. Under the Communist regime, which idealized institutional care, foster care was even canceled a number of years. At present, foster care is widely used and supported by the state. Experts stress the importance of long-term foster care and her ability to redress psychological deprivation in children. On the other side, the experts warn of dire psychological consequences of institutional care. According to the Act No. 89/2012 Coll., civil code as well as several international conventions, substitute family care takes precedence over institutional care. The diploma thesis defines the basic concepts related to foster care (the right to respect for family life, the best interests of the child, substitute care for children, substitute family care, foster care and foster care for...
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Parenthood as the legal problem
Hanuš, Daniel ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The aim of the thesis is to define content of various aspects of parenthood as they are currently perceived and treated in the legal order of the Czech Republic. The theme is reflected in the work with regard to its historical legal developments, including the reflection of the current Czech legislation. Mentioned is also legislation in terms of international law. It often represents the direction of Czech legislation. The main idea of the domestic legislation parenthood child's interest and the protection of basic human rights. The child is seen as a specific body of legal rules with all its peculiarities and increased need for legal protection with regard to their position in society. For contemporary society, which is child-centered, that is child-centered, are issues related to the rights of the child and his relevant status and position is important to be dealt with in relation to the child as possible and thoroughly as possible. The first part is devoted to the historical and legal aspects that are associated with parenthood issues. They discussed the basic concepts, such as a child, parenthood and family. Basic contents and meanings of these terms are viewed with regard to their interdisciplinary overlap. The core of the work, which is the most attention is the issue of motherhood. This...
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The legal status of parents of a child in case of the child's adoption
Oliveriusová, Monika ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The aim of the work is to analyze efficient legislation concerning the posi- tion of a child's parents during the child's adoption and the adoption itself considering the current issues and legislation in the new Civil Code. The analyti- cal and comparative methods are especially used. The work is divided into five chapters. The first chapter deals with definition of the basic terms that are treated further in the work. It also classifies the institute of adoption in a broader frame- work of the substitute family care. The second chapter focuses on the legislation of adoption. It is divided into six subchapters with the third one being crucial and dealing with the conditions of adoption. The third and largest chapter is the sub- stance of the work. It concerns an analysis of the current legislation concerning the legal position of child's parents while adopting the child. This part also fo- cuses on the new formulation of a parent's disinterest in connection to the new Civil Code. This chapter also includes an issue of giving birth to a child in secret, which is discussed frequently among both experts and the public. Due to the tra- dition of this institute in France there is also an insight in the French legislation. The fourth chapter focuses on the procedural position of a child's parents both...
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Right to know the genetic origin
Nevšímalová, Hana ; Frinta, Ondřej (advisor) ; Radvanová, Senta (referee)
The question to be considered is whether the issue of genetic origin is still present nowadays. I think so, because today, in comparison to the past, there are more children who grow up in single-parent families. In addition there is a significant number of children who are abandoned by their parents and there is also the area of assisted reproduction to be considered which cannot be ignored. These offer possibilities that the previous generations never dreamed of. It is true that nowadays incomplete families no longer mean stigmatization but the awareness of origin for each of us still remains very important. The complete family is not only formally but also an effectively functioning family consisting of the mother, the father and their children, creating the foundation of society. Even though the children have formally both parents, it is also important to know their biological parents in case of that they are not the same as the people who actually take care of them. This comes to the fore especially in connection with the issue of adoption when the bonds of a child with his biological family are replaced with those of "new" parents. In the case of foster care of a child, the real state does not usually get into a conflict with the legal state or more precisely with the formal state because the...
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Foster care in private and public law
Sauerová, Štěpánka ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
This diploma thesis deals with the institute of foster care. Foster care has been a widely discussed issue lately, in the field of family law. After years of theoretical considerations, discussions and preparations, a lot of significant changes have been made in this area, which have been incorporated into the new Civil Code and have been defined by the Amendment No. 401/2012 of the Coll., of the Act on Social-Legal Protection of children. The main objective of such changes is to professionalize foster care, and thus create an alternative to institutional care, to make foster care work in a more efficient way, to lower the risks of failure in daily practice, and to increase a notion of such form of substitute care in public. On the very top of general ideas and considerations remains especially the best interest and well being of a foster child. The emphasis is laid on the child's right to grow up in a background of a family and on help provided to a family with an endangered child. The diploma thesis is divided into seventeen chapters. First chapter gives an introduction to the issue of substitute care and talks about individual forms of such care. Second chapter presents a historical view into the individual phases of the development of foster care. Third chapter is dedicated to state and international...
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