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Determination of motherhood
Dorážková, Zuzana ; Salač, Josef (advisor) ; Zvára, Michael (referee)
182 Determination of motherhood Abstract The topic of this thesis is the determination of motherhood. Its aim is to identify the situ- ations that make the determination of motherhood difficult or impossible and to evaluate their legal regulation or to propose its supplementation. The thesis is divided into eight chapters, with the first chapter being devoted to the definition of the term motherhood and its history, current legislation and origins. The second chapter focuses on assisted reproduction. It describes its basic principles, his- torical development, current legislation and possible risks. Chapter three, focusing on surro- gacy, is also related to assisted reproduction. This chapter draws attention to the lack of legal regulation in this area and, after an assessment of the possible consequences of its absence, a de lege ferenda draft of the basis for legal regulation is drawn up. The highly controversial option of whole-body donation is also mentioned here. The fourth chapter briefly describes the legal regulation of adoption, as one of the possi- bilities of how a child can legally have a woman different from the one who gave birth to him or her on the birth certificate. The thesis here also alludes to the possibility of adopting a child by a person in a registered partnership and enabling it by...
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Legal Proceeding of Establishment and Disputing Parentage
Svobodová, Petra ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Legal Proceeding of Establishing and Disputing Parentage The topic of this thesis is the legal proceedings of establishing or disputing parentage. The aim of the thesis is to provide complex description and analysis of current framework of the proceedings for establishing or disputing parentage in relation to the substantive measures, point out problematic areas and weak spots of the legislation and provide possible solutions de lege ferenda. The text is divided into eight chapters. First chapter deals with the term "parentage" from various perspectives - biological, social, legal and the link between them, mainly with the case law of the Supreme Court, Constitutional Court and the European Court of Human Rights in mind. Second chapter provides the historical evolution of the legal framework for establishing and disputing parentage, going all the way back to the ancient Rome, Austrian Civil Code, the Family Law Code and the Family Code, to the present, where the civil law underwent re-codification and the whole area of family law has been included within the new Civil Code. The third chapter is devoted to the analysis of the substantive measures regarding the establishing and disputing of parentage as described in the Civil Code, because the substantive measures and procedural measures are closely...
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