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Guardianship and guardianship council
Tůmová, Adéla ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
[Guardianship and guardianship council] Abstract The topic of this thesis is guardianship and the guardianship council. The aim of the thesis is to examine the legal regulation of guardianship and guardianship councils in the past and also to examine the current legal regulation. This thesis should provide information on where we place guardianship and the guardianship council and what their purpose is and how they function. In this thesis, the Czech legislation on guardianship is partly compared with the French legislation. The first chapter deals with the family and parental responsibility. The rights and obligations that are the content of parental responsibility, who is the bearer and the executor of parental responsibility are listed and defined. And what protective measures exist when a parent does not exercise parental responsibility. The second chapter of this thesis is devoted to a historical excursion from the times of the Roman Empire to the Family Law, describing how guardianship worked and to whom a guardian was appointed at each stage. Roman law provided an important basis for the development of private law, and the law of guardianship was no exception. Later legislation was inspired by Roman law. The third chapter is devoted to the institution of guardianship itself, what are the grounds for...
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Tutorship (as type of guardianship)
Macháčková, Natálie ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Tutorship (as type of guardianship). The thesis deals with a guardianship, with the most important historical milestones in a guardianship evolution and with the guardianship legislation in the Czech Republic taking into account guardianship legislation in the Federal Republic of Germany. Through the guardianship is provided alternative legal protection of legally incompetent minor lacking necessary legal protection. The aim of the guardianship is ensuring an appropriate alternative legal protection of ward's legal matters. The thesis is dividend into two parts and eight chapters. The first part is devoted to the most important codifications which in my opinion influenced the development of the guardianship on our territory the most. The first part deal with guardianship legislation in the Roman law, provincial and municipal law, in the General Civil Code and marginally about guardianship legislation contained in the Act of family law and in the Family Code. The second part of the thesis deal with guardianship legislation in the Czech Republic taking into account guardianship legislation in the Federal Republic of Germany. The second charter is devoted to the term guardianship and to the sources of guardianship legal regulation in the Czech republic. The core of the thesis consists of the third to eighth...
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Legal aspects of the position of the municipality in the role of a public guardian
KAŠPÁRKOVÁ, Lucie
The aim of the thesis is to analyse legal aspects of the position of the municipality in the role of a public guardian and on a practical example introduce the issue of establishing a municipality as a public guardian. Furthermore, using a quantitative survey to find a possible alternative of a financing public guardianship, which would be positively accepted by municipalities. The issue of public guardianship is currently becoming a much debated topic not only because of the lack of legislation governing the institute of public guardianship, but also because the financing of this agenda towards municipalities acting as public guardian is insufficient and unsatisfactory for municipalities.
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Ethical aspects of guardianship
ŠIMKOVÁ, Petra
This thesis discusses the issues of public guardianship in the current practical and legal context. It deals with human rights, the question of the limitation of incapacitation, and the conditions that must be met. I present here, what the different types of guardians are, or what are the rights and obligations of a guardian. I think about the ethical issues in conjunction with guardianship, that relate to human dignity and freedom. In conclusion, through talks I'm trying to look into practice of public guardianship and determine what problems the public guardians deal with.
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Practical Implications of Restrictions on Legal Capacity in Terms of Public Guardians
ANDĚLOVÁ, Miroslava
This diploma thesis provides an insight into the issue of public guardianship in the Czech Republic from the point of view of public guardians, who in practice have to face a lot of problems in connection with the new legislation. The work is divided into several parts. The theoretical part consists of nine subchapters which define the basic concepts used in guardianship, mentioned in the Act No. 89/2012 Coll., The Civil Code, which deal with the basic principles and history of guardianship, the development of legal regulation of the guardianship institute and the legislative framework of guardianship. It also provides more detailed information on the Institute of Limitation of Authenticity and Guardianship, a public guardian, and the last subchapter focuses on enumerating the mental disorders that a public guardian may encounter with their clients. The empirical part defines objectives, methods of research and own results, which are illustrated and described in tables, discussion and in the final summary. The main objective of the work was to map the activities of public guardians in relation to persons with limited authority, the partial aims were to find out how the public guardians were looking at legislative changes in the area of limiting the authority and to identify the risk areas associated with the limitation of the authority. These research objectives have been addressed: In what areas are the public guardians working in relation to persons with limited authority? What experience does a public guardian have with the absence of information on the limitation of the person's authenticity in the ID? What are the precautionary measures in relation to persons with limited authority from the point of view of public guardians? The diploma thesis was processed by the method of qualitative research using the semi-structured interview technique and the open coding method was used to evaluate the data. The research group consisted of seven social workers who work on municipalities in the South Bohemian Region and act as a public guardian. The research survey highlighted the complexity, importance and necessity of the work of the public guardian and the problems associated with it, where there is a lack of specific legislation and a more detailed methodology in this area. The research also shows that public guardians do not always have good experience with the new legislation, especially the lack of evidence of the limitation of the authenticity of the caretaker's identity card is a problem in practice, and the new institute of supportive measures is not used too much. This diploma thesis could serve as a comprehensive information material for the general public as well as for the members of the public caregiver in the municipalities.
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Juridical institute of the guardianship council in the Civil Code of the Czech republic
Barejška, Tomáš ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Juridical institute of the guardianship council in the Civil Code of the Czech Republic The thesis deals with the legal regulations of guardianship council under of the new Czech Civil Code. The Czech legal system has not experienced the institute of guardianship council before, which brings an uncertainty into the interpretation of the respective provisions. The aim of this thesis is to analyse the most important provisions of the legal regulation, demonstrate impact of these provisions in practice, including eventual uncertainties and eventually to suggest a solution of the problematic parts of the regulation. Due to the author's personal membership of a guardianship council is the work enriched by the personal experience from a real existence of the guardianship council. Another part of the thesis is focused on the analysis of the French legislation and legislation of the Canadian province Québec. The Czech Civil Code explanatory report directly admits the inspiration in the above mentioned codices of France and Québec. Analysis and the consecutive comparison of the above mentioned legislation with the Czech one shall bring the interpretative basis for the application of the legal regulation of the guardianship council under of the Czech Civil Code. The main output of this thesis is to...
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Guardianship in the Czech Republic
Dušková, Karina ; Krahulcová, Beáta (advisor) ; Válková, Monika (referee)
The diploma thesis deals with guardianship for people with mental illness. The tehoretical part is divided into six chapters, where the concept of mental disorder is defined within various documents. Furthermore the process of stigmatization, both from the family and the health care professionals, is also discussed here as self - esteem as a serious consequence of society's access to mental illness. The student also mentioned the process of providing psychiatric care, outlined the reform of psychatric care as a significant milestone in health care. A greta part of the theory consits od a complete description of a guardianship and self - administration. The last chapter focuses on social work with people with mental illnesss. The practical part aims to find out how the guardianship system for people with mental disorders works and how custodians loom at guardianship. The student used qualitative surveys ans semi - structured interviews. Using open encoding , several categories were identified and then responded to the main research question.
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Substitute Family Care
Vyšatová, Markéta ; Spirit, Michal (advisor) ; Kačírková, Eliška (referee)
The bachelor thesis is focused on Substitute Family Care and clarifies institute of substitute family care in Czech Republic. Each chapter is regarding to particular type of substitute family care. The most detailed chapter is adoption and foster care. It also includes information about institutional upbringing and real legal case.
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