|
|
Determination of parenthood
Adámková, Olga ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood Determination of parenthood is very actual topic due to the constant changes of the traditional understanding of the family and family relationships. It is primarily the development of modern medical science, biology or genetics that has brought new concepts into the issue of determination of parenthood. For example surrogacy, assisted reproduction or baby boxes. The legislation must responds to these changes in order to stabilized family relationships and to ensure their protection. The aim of this thesis is to describe and to analyze Czech legal regulation of determination of parenthood and to compare it with not only European but also global legislation. The analyse of valid legal regulation highlights questionable passages that may cause difficulties in its interpretation or practical application. The thesis is composed of nine chapters, each of them dealing with different aspects of determination of parenthood. Opening chapter introduces the historical development of relationships between parents and children in Roman and European law. It focuses on legal standards applicable in our country during the period of time from the establishment of the Czechoslovak Republic to the present times. Chapter Three is devoted to determination of maternity. It focuses on concealed birth,...
|
|
|
Determination of Parenthood
Šilarová, Věra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood (Abstract) The determination of parenthood is undoubtedly a very topical issue. There are significant changes which are consequences of modern society approach to the family life as well as of massive progress in the field of medical science and genetics. The development in these areas has brought new concepts such as baby-boxes, assisted reproduction and surrogacy. Now it is up to the legislation to provide rules within the legal framework for these new institutions to steady parental relationships and to secure their protection as well. The aim of this thesis is to familiarize the reader with Czech legal regulation of determination of parenthood by means of its description and analysis. Another aim of the work is to compare this legal regulation with regulation in other countries, in particular in Germany and to find similarities and differences between them. Finally the thesis highlights new institutions within determination of parenthood. This thesis consists of nine chapters which deal with particular parts of its subject-matter. The opening chapter discusses the relationship between a parent and a child both theoretically and historically. Apart from that it also describes legal regulations applicable in the Czech Republic and Germany in the course of time. The second...
|
|
|
Determination of parenthood
Kozáková, Lenka ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Establishing parentage The subject of this master thesis is the issue of establishing parentage. The thesis targets areas of establishing parenthood, issues of three legal presumptions and last but not least, parenthood denial. The question of establishing maternity is examined mainly from perspectives including surrogate maternity, assisted reproduction method and secret and anonymous delivery. All matters are reviewed based on the valid amendment to Act No. 89/2012 Coll., the Civil Code that has come into effect on 1.1.2014. The goal of the thesis is it to introduce, describe and analyze the new amendment to the Family Act. Further, it aims to compare individual institutions with respect to changes made to the Family Act in the past and those made as a part of the new amendment. The thesis consists of eight key chapters. The initial chapter targets relationships among parents and their children, protection of children's legal rights as well as a child's right to know its biological origin. Following, the second and the third chapters concentrate in depth on legislation of the paternity establishment per se. While the second chapter covers the historical development of the legislation from the ancient Rome era until present, the latter chapter intends to introduce the legislation from domestic,...
|
|
|
Determination of parenthood
Pomplová, Hana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
- Determination of Parenthood The topic of my thesis is Determination of Parenthood. With this topic are connected problems not only legal, but often also social and ethical. Parenthood affects all of us and it's an important aspect of human life. That's why there should be legal assurance in relationship between parent and child. Development in the field of medicine is still ahead (mainly thanks to methods of assisted reproduction and DNA analysis) and the rules of law should respond and deal with it. The aim of this thesis is describe and become acquainted with problematics of determination of parenthood, valorize how legislation responds to modern development and to propose possible changes. Thesis is prepared on the basis of existing legislation on the date of submission of the thesis. Thesis is divided into seven main chapters, which are divided to further subsections. First chapter deals with concept of parenthood and methods of determination. Second chapter describes historical development of legislation on Czech territory, since Roman law to recodification of civil law. Related third chapter concisely summarizes national and international legal sources of current legislation. Chapter four is about determination of maternity and problems of surrogacy, anonymous childbirth, concealed birth...
|
|
|
Anonymous childbirth, concealing the birth of a child and placing a child in the baby-box under Czech law and under the law of selected European countries
Lukáčová, Lenka ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis is concerned with the legislature of the Czech Republic, Bundesrepublik Deutschland and the Republic of France, as regards the anonymous abandonment of children in babyboxes, anonymous births and births with the identity of the mo- ther classified. It presents a complex overview of the legal framework in which the above mentioned institutions are functioning, from the point of view of the current legislation and factual state of affairs, set in the background of historical evolution of the individual institutes in individual states. The first chapter of the thesis de- als with the terminology, which in these questions is often somewhat confused and confusing, due to laymen influences and translations between languages. The se- cond chapter presents the current legal framework of the individual states, together with the umbrella framework of the international Agreements which are binding to all three of the countries. The third chapter deals with babyboxes, describing their functioning in Germany and in the Czech Republic. The fourth chapter presents the issue of anonymous births and of the french l'accouchement sous X, which is on the line between the anonymous birth and the birth with the identity of the mother classified. Fifth chapter is concerned with the births with classified identity...
|
|
|
Reflection of the right to know one's own origin in the Czech legal order (critical study)
Bednářová, Klára ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
(Abstract) The diploma thesis deals with the reflection of the right to know one's own origin in the Czech legal order. Knowledge of one's own origin and the right to know one's own origin constitute not only a legal but also a moral and ethical question. The right to know one's own origin (i.e. the right to know one's parents, one's biological family and one's ancestors) is one of the subjective human rights, which belongs to every natural person. This right is more or less reflected in majority of institutes of family law. The thesis analyses the most important of them and indicates how the right to know one's own origin is reflected in these institutes or it is not, although it should be. The work seeks to highlight possible shortcomings of the legislation and tries to propose possible solutions de lege ferenda. There are also stated (for the purposes of comparison) some examples of foreign legislation in cases of some legal institutes. The diploma thesis is based on the legislation effective on the 26th March 2016. It is composed of an introduction, five chapters and a conclusion. The first chapter deals with the right to know one's own origin and its legal regulation in the Czech Republic. It mainly discusses the international conventions that are (in compliance with the Art. 10 of the...
|
|
|
Determination of parenthood
Pomplová, Hana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
- Determination of Parenthood The topic of my thesis is Determination of Parenthood. With this topic are connected problems not only legal, but often also social and ethical. Parenthood affects all of us and it's an important aspect of human life. That's why there should be legal assurance in relationship between parent and child. Development in the field of medicine is still ahead (mainly thanks to methods of assisted reproduction and DNA analysis) and the rules of law should respond and deal with it. The aim of this thesis is describe and become acquainted with problematics of determination of parenthood, valorize how legislation responds to modern development and to propose possible changes. Thesis is prepared on the basis of existing legislation on the date of submission of the thesis. Thesis is divided into seven main chapters, which are divided to further subsections. First chapter deals with concept of parenthood and methods of determination. Second chapter describes historical development of legislation on Czech territory, since Roman law to recodification of civil law. Related third chapter concisely summarizes national and international legal sources of current legislation. Chapter four is about determination of maternity and problems of surrogacy, anonymous childbirth, concealed birth...
|
|
|
Babyboxes, unknown identity of children
Hessová, Adelina ; Nová, Monika (advisor) ; Cimrmannová, Tereza (referee)
The diploma thesis related to problematic of babyboxes and unknown identity of children becouse of why baby hatches are critised. I provide a comprehensive view of babyboxes and their critised and pozitive aspects. The diploma thesis widely deals with unknown identity of children, question of unknown origin and alternative posibilities before abandonment of children. The diploma thesis included knowledge from professionally literature as well as expiriences of professionals from this sphere and pepople who grew up with unknown of their origin, whose expiriences are used in empiric research.
|
|
|
Determination of parenthood
Kozáková, Lenka ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Establishing parentage The subject of this master thesis is the issue of establishing parentage. The thesis targets areas of establishing parenthood, issues of three legal presumptions and last but not least, parenthood denial. The question of establishing maternity is examined mainly from perspectives including surrogate maternity, assisted reproduction method and secret and anonymous delivery. All matters are reviewed based on the valid amendment to Act No. 89/2012 Coll., the Civil Code that has come into effect on 1.1.2014. The goal of the thesis is it to introduce, describe and analyze the new amendment to the Family Act. Further, it aims to compare individual institutions with respect to changes made to the Family Act in the past and those made as a part of the new amendment. The thesis consists of eight key chapters. The initial chapter targets relationships among parents and their children, protection of children's legal rights as well as a child's right to know its biological origin. Following, the second and the third chapters concentrate in depth on legislation of the paternity establishment per se. While the second chapter covers the historical development of the legislation from the ancient Rome era until present, the latter chapter intends to introduce the legislation from domestic,...
|
|
|
Determination of Parenthood
Šilarová, Věra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood (Abstract) The determination of parenthood is undoubtedly a very topical issue. There are significant changes which are consequences of modern society approach to the family life as well as of massive progress in the field of medical science and genetics. The development in these areas has brought new concepts such as baby-boxes, assisted reproduction and surrogacy. Now it is up to the legislation to provide rules within the legal framework for these new institutions to steady parental relationships and to secure their protection as well. The aim of this thesis is to familiarize the reader with Czech legal regulation of determination of parenthood by means of its description and analysis. Another aim of the work is to compare this legal regulation with regulation in other countries, in particular in Germany and to find similarities and differences between them. Finally the thesis highlights new institutions within determination of parenthood. This thesis consists of nine chapters which deal with particular parts of its subject-matter. The opening chapter discusses the relationship between a parent and a child both theoretically and historically. Apart from that it also describes legal regulations applicable in the Czech Republic and Germany in the course of time. The second...
|
guest ::
