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Administration of a minor's assets - current issues
Tomková, Kateřina ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Administration of a minor's assets - current issues Abstract The thesis deals with the administration of a minor's assets and the current problem associated with the indebtedness of minor children. The aim of the diploma thesis is to comprehensively analyze the currently valid and effective legislation regarding the administration of a minor's assets, whose changes were contributed by the recent amendment in the form of Act No. 192/2021 Coll. The thesis is divided into four parts. Each of these parts is further divided into individual chapters and sub-chapters that specify it. In the first part, basic terms will be defined, which are the basic building blocks for subsequent interpretation. Initially, the thesis focuses on the definition of basic terms important for better understanding and orientation in the rest of the thesis. Furthermore, the criteria for the administration of a minor's assets are presented, which include the best interest of the child, the care of a proper householder, not taking unreasonable risks and control of the regularity of the administration. Attention is then focused on the persons who can perform the administration of minor's assets, with the greatest extent being paid to the parents, who are most often entrusted with the administration of a minor's assets and who are also...
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Minor Liberty and Major Liberty: For a decolonial reading of the philosophical genesis in Colombia
Meneses Alvarez, Nicolas ; Maesschalck, Marc (advisor) ; Pontière, Grégory (referee) ; Álvarez Villarreal, Lina Marcela (referee)
Title : MINOR LIBERTY AND MAJOR LIBERTY: For a decolonial reading of the philosophical genesis in Colombia. Abstract : This research endeavours to restore the philosophical foundations of freedom at work in the protectorate of Indians and the praxis of the first bishop of Popayan Juan del Valle as a primordial moment of philosophical activity in Colombia, and then to show its contradictions not only as regards its provisions but as regards the freedom and tradition properly indigenous. We call this major freedom after the major right and duty of the Misak people. Key-words : freedom, Major/Minor, Relationnality/Substantiality, Nupirau, Pishi, Protectorate of Indians, Things-concepts, Snail, Concretion/Abstraction.
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Liability of minors for debs - comparation with FRG
Dietschová, Sofie ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Liability of minors for debs - comparation with FRG Abstract: The diploma thesis is devoted to the topic of liability of minors for debts in the Czech Republic and in the Federal Republic of Germany. The thesis focuses on debts arising from legal acts of minors and on the legal institution of limitation of the liability of minors. This institution was adopted into the Czech legislation last year and its inspiration comes from the German legislation. The thesis is divided into three parts. Each part is further divided into chapters and sections. Each part of the thesis, with the exception of the first part, uses both analytical and comparative method. The first part of the thesis summarises, in relation to the both the German and Czech legal regulation, the main reasons for the adoption of the institution of limitation of the liability of minors and the prevailing opinions in the expert discussion leading to its adoption. The first chapter of the second and third parts is devoted to an analysis of the applicable legal regulation in the Federal Republic of Germany, the second chapter of the said parts contains an analysis of the legal regulation in the Czech Republic. The third chapter of the second and third parts of the thesis deals with a comparison of the German and Czech legal regulation. The aim of this...
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The Issues of Multidisciplinary Approach to Abused and Neglected Minor Victims in České Budějovice
VOLÁROVÁ, Andrea
The diploma thesis focuses on the issues of a multidisciplinary approach to abused, maltreated and neglected minor victims in České Budějovice. The main aim of the thesis was to explore ways of how involved assisting staff approach minor victims of the child abuse and neglect syndrome. The diploma thesis is divided into two parts, a theoretical part and a research part. The theoretical part deals with basic children's rights in the Czech Republic. It also deals with the description of the child abuse and neglect (CAN) syndrome. The following chapter focuses on the systemic abuse of minor victims, which is closely related to the CAN syndrome. Furthermore, it provides a description of helping professions that are involved in the issue of the child abuse and neglect syndrome. The penultimate chapter deals with interventions and procedures employed when working with minor victims. And the final chapter dwells on multidisciplinary approaches to minor victims. The research part was based on a qualitative research strategy that employed the method of questioning, involving techniques of semi-structured interview, which consisted of twelve open-ended questions and others if necessary. The results of the qualitative research showed that the interviewed respondents from helping professions use individual approaches, therapeutic approaches and multidisciplinary approaches while working with minor victims. The results of the research will serve as a source of information and inspiration for the workers in helping professions dealing with the described issues.
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Legal capacity of minors in Czech and German law
Kočárková, Marta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis is focused on legal capacity of minors. The main issue is an extent and circumstances under which minors are legally incapacitated to oblige themselves and to influence their own legal relationships. The thesis is divided into four main parts. The first part is focused on general definition of legal capacity and the basic concepts of dealing with limited legal capacity. Second part is dealing with evolution of legal capacity from the foundations set by roman law, it's development on Czech territory to the approval of recent civil code and development in Germany. Third part contains an interpretation of German legislation. I pursue the German legislation first because it is very sophisticated and provides us with plenty of vantage points on different aspects of the Czech legislation. The part dedicated to the German legislation subdivided into two chapters, where the first one focuses on general characteristics of the legislation and the principle of graduated legal capacity of minors and the second part deals with minors without legal capacity and minors with limited legal capacity. In the fourth part the Czech legislation is analyzed. First I focus on consideration of minors' capability to act independently with legal effects, then on evaluation of nature of legal acts, representation...
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A minor as debtor in proceedings to enforce judgment (by judicial officers or private enforcement agents)
Procházková, Michaela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This Master's thesis describes the position of a minor debtor in enforcement proceedings. The aim of this thesis it to, first, provide with a complex summary of the issue, concerning primarily topical questions which are discussed by experts in connection with childrens' indebbtedness, and second, to further identify the key drawbacks regarding the enforcement proceedings against minor debtors, with an offer for a solution. The thesis is subdivided into two parts. In the first part, there is the notion of a minor defined - for the purposes of this text, a minor is a person who is younger than eighteen years old and, concurrently, who was not emancipated by a court. The following chapters describe the protection of a minor in the legal system in general, where there are principles of best interest of a child and the right of a child to be respected in their opinion described. Further, the procedural protection of a minor is discussed, concerning primarily the procedural specifics of trials where a minor is a party to the case, including enforcement proceedings. Proper representation of a minor and provision of information to minors is emphasized within the chapter. At the very beginning of the second part, enforcement proceedings is described, and then the particulars of this proceedings are...
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The minor in civil procedure
Sladká Hyklová, Jana ; Macková, Alena (advisor) ; Winterová, Alena (referee) ; Uhlíř, David (referee)
The Minor in the Civil Procedure JUDr. Jana Sladká Hyklová Abstract The thesis deals with the topic of the minor in civil procedure. This topic has not been yet properly compiled in Czech legal literature although the issues of participation of minors within civil proceedings are still actual and their importance is increasing. The basic legal source covering the chosen topic is Act No. 99/1963 Coll., Civil Procedure Code, which had to be amended more than 120 times. Procedural law in family law matters, which form substantial part of the content of this thesis topic, is firmly connected with substantive law. Substantive legislation is nowadays represented by Civil Code and Family Law, which are supposed to be replaced on 1 January 2014 with new code of civil law, Civil Code (Act No. 89/2012 Coll.). This is the reason why the thesis pays attention to the existing legislation as well as to novelties brought by the new code. Where needed, an analysis of new legislation in terms of proper procedural protection of the rights of minors is provided. New legislation of civil law brings the question of preparation of appropriate procedural code. On spring 2012 the draft of law of non contentious procedure which includes main principles and outline of this brand new procedural regulation was published. Where...
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The patient's right to third person presence in healthcare facility
Štěpánová, Dominika ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Resumé This thesis discusses the problematics of third person presence alongside a patient in a healthcare facility. Despite this subject having been relevant for tens of years, it has only recently been brought to public attention due to the COVID-19 pandemic. In practice, the right to third person presence in accordance with the provisions of Article 28(3e) of the Health Services Act is commonly misinterpreted as the right to receiving visitors in accordance with the provisions of Article 28(3i) of the Health Services Act. Due in part to this fact, the main goal of this thesis is establishing legal clarity in this domain of healthcare law. The bulk of this paper consists of introduction and analysis of legislation, notably the Health Services Act, in light of international pacts and laws of the Czech Republic, on constitutional level but not limited to it. The most crucial, however, is Chapter 3, which discusses specific provisions of the Healthcare Services Act concerning the right to presence, specifically the provisions of Article 28 of this Act. Furthermore, qualitative research has been conducted among 73 Czech healthcare workers. The sample comprises respondents aged 22 to 77 with a broad spectrum of specialization and aims to present to the reader the point of view of physicians and other...
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