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Duty to support and maintain in private international law
Hejduková, Kristýna ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
The aim of this diploma thesis on the topic of duty to support and maintain in private international law was to assess and evaluate the existing legislation that international law, regulation at the European Union level and domestic law provides for the application and enforcement of maintenance obligations in the presence of a foreign element. This work consists of a total of six chapters, which are divided into other subchapters to better understand its content. The first chapter deals with the very concept of alimony and the gradual change in the perception of its content across human history as well as individual human communities. Furthermore, in this chapter I deal with the determination of individual maintenance obligations in the Civil Code and the definition of the concept of maintenance obligations from perspective of private international law. The second chapter, deals with individual sources of private international law, especially the Hague Protocol adopted on the grounds of the HCCH, the Maintenance Regulation, the Act No. 91/2012 Coll., on private international law, the relations between them and the Office for International Legal Protection of Children, its history, development, but also its current significance. The third chapter focuses on the explanation of the concept of...
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Duty to support and maintain in private international law
Horáková, Monika ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
RÉSUMÉ This master's thesis presents a detailed study on the topic of maintenance obligation in international private law, especially on maintenance obligation from parents towards children. This thesis examines the origins of maintenance order regulations, in particular we present analysis of "Haag Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations". This thesis also deals with "Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations" and how this protocol relates to the Haag Protocol of 23 November 2007. The first chapter examines the sources of the regulation of the term "maintenance obligation" in private international law, especially on conflict of law rules. The conflict of law rules are covered - on the state level by law "91/2012 Sb.", about international law private, on the european level in "Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations", and on the international level in Haag Protocol. The last sub- chapter of the first chapter covers the issues of law dealing with international protection of...
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Duty to support and maintain in private international law
Horáková, Monika ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
RÉSUMÉ This master's thesis presents a detailed study on the topic of maintenance obligation in international private law, especially on maintenance obligation from parents towards children. This thesis examines the origins of maintenance order regulations, in particular we present analysis of "Haag Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations". This thesis also deals with "Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations" and how this protocol relates to the Haag Protocol of 23 November 2007. The first chapter examines the sources of the regulation of the term "maintenance obligation" in private international law, especially on conflict of law rules. The conflict of law rules are covered - on the state level by law "91/2012 Sb.", about international law private, on the european level in "Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations", and on the international level in Haag Protocol. The last sub- chapter of the first chapter covers the issues of law dealing with international protection of...
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