|
|
Incomplete adoption and its legal consequences
Vampolová, Gabriela ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Incomplete adoption and its legal consequences Abstract This diploma thesis focus on the analysis of Czech legislation of incomplete adoption and its legal consequences. Incomplete adoption in Czech legislation is understood as a adoption of full age person. This legal institut was adjusted in the Czech legal system until 1950, then it disappeared from the Czech legal adjustment and was re-introduced with approval of Act No. 89/2012 coll., The Civil Code. Contemporary legislation distinguishes between two types of a full age adoption, namely adoption, which is similar to the adoption of a under age person, and adoption, which is not similar to the adoption of a under age person.The distinction between these two types of a full age adoption, in contrast to the distinction between complete and incomplete adoption, is evident from the legal adjustment in The Civil Code, where each of the mentioned types of full age adoption is adjusted in a separate legal provision. The first part of the work deals with the single concept of adoption, its development and possible ways of division, most of which in this part of the work focus on the division of adoption into complete and incomplete. What can be considered as incomplete adoption in the Czech legislation has already been stated, it is therefore necessary to state...
|
|
|
Adoption of persons of full age: evolution and comparison of legislation from the General Civil Code to the Civil Code 2012
Linhartová, Eva ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Thesis title: Adoption of persons of full age - evolution and comparison of legislation from the General Civil Code to the Civil Code 2012 This master's thesis focuses on historical evolution of the legal institute of adoption of persons of full age, also known as adoption of an adult or adult adoption. This legal option returned to the Czech family law after more than 60 years of legal history, during which it was prohibited with regard to the former understanding of adoption. The restoration of adult adoption to the Czech legislation was caused by one of the main principles on which the new Civil Code is based, and that is a return to traditional understanding and interpretation of family law within European continental traditions. The first part of this thesis deals with historical evolution of the legal option to adopt an adult person since the ancient Rome epoch, where this institute came from. The adoption had a totally different purpose compared to these days. It served especially the needs of an adoptive father, who wanted to have a successor of his own kin and heir. Roman law later became a model for legislation in the continental Europe. Until the middle of the 20th century, it was allowed to adopt an adult as well as a minor in the Czechoslovakia. This historical epoch of our family law...
|
guest ::
