|
|
Court decisions on regulation of proportion of the minor child in relation to the divorce or to the separation of his parents
Renfusová, Lenka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This Master's degree thesis addresses the issue of the decision making process about settlement of the relationship between parents and their underage children after their divorce or separation. The purpose of the thesis is to analyse current regulation of this field in the Czech Republic and evaluate changes brought about by new Civil Code Act No. 89/2012 Coll., which is coming into force on 1st January 2014. The thesis is composed of nine chapters. The chapter one starts with a description of the historical development of family law since the Austrian Civil Code of 1811 up to now with emphasis on situation of the minor child after parental divorce or separation. Its second part deals with new Civil code which includes the family law and government bill of civil procedure code with procedure concern the minor child. Chapter Two focuses on minor child and legal instruments concerning his protection when parents are getting divorce or do not live together. The chapter consists of three parts. Part one describes who are parents and who is child in the Czech civil law. Part two refers to the role of the court in protection of child's best interests. The third part seek to draw attention to participatory rights of the child. The following chapter, divided into four section, looks at the procedure in...
|
|
|
Návrh a doporučení postupu při neplnění vyživovací povinnosti
Balcárková, Nela
BALCÁRKOVÁ, N. Suggestion and recommendation for non-compliance with main-tenance obligations. Bachelor thesis. Brno: Mendel University, 2019. The bachelor thesis deals with the issue of non-compliance with maintenance ob-ligations. It aims to provide a suggestion of further process when a parent does not fulfill a maintenance obligation towards a minor child. The theoretical part of the thesis explains the nature of maintenance obligations, the amount of alimony, the possibility of using state social support and consequences of non-fulfillment. In the analytical section, there are described specific cases of non-compliance with a maintenance obligations and suggested further process. Common features are discussed and, at the end of the thesis, there is an unified recommendation of the process for non-compliance with maintenance obligations.
|
|
|
Social worker and his position in the Czech Republic
Šafaříková, Karolína ; Šotolová, Eva (advisor) ; Mlčková, Marie (referee)
The bachelor thesis is devoted to the profession of social worker of the Department of Social and Legal Protection of Children. The main topics of the thesis are the ethical codex, dilemmas of a social worker, methods of social work, requirements on expert knowledge, roles, target groups of social work and social services. The thesis independently defines a social worker as a social curator for adults, a social curator for minors, describes family and case conferences, points out the possibility of burnout syndrome and the importance of supervision. The attention is devoted to obstacles identified by the social worker in the exercise of his profession at the Department of Social and Legal Protection of Children. The second part of the thesis contains a questionnaire survey that observes and compares the positions and opinions of these social workers on their profession. The aim of this bachelor thesis is to introduce the position and prestige of a social worker at the Department of Social and Legal Protection of Children.
|
|
|
Enforcement of judgments in family cases
Brhlíková, Pavla ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
The issue of the enforcement of judgments in family cases is of a specific nature and differs from the enforcement of other civil law decisions by the specific legal regulation and the nature of the subject matter of the enforcement of decisions, where the subject matter are persons, especially minors, and not thed pecuniary and non-pecuniary performance as in other cases of enforcement. In connection with the recodification of private substantive law, a new Act No. 292/2013 Coll., on Special court proceedings, which contains special legal regulations on the enforcement of judgments in matters of protection against domestic violence and in matters of custody of minors, was adopted. At the same time, Act No. 99/1963 Coll., The Code of Civil Procedure, was novelized and remained a subsidiary act. This thesis deals with special procedures for the enforcement of judgements in family cases, which we find in the second part of the fifth section of the Special court proceedings Act. In the first chapter, the thesis deals with the issue of civil proceedings, the enforcement proceedings and execution of decisions, with emphasis on its development, principles, functions and legal regulations. The second chapter focuses on the enforcement of judgements in family cases and on their specifics. The third chapter...
|
|
|
Provisional regulation of the circumstances of a child
Koropecká, Veronika ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
This thesis focuses on the important private law institute of preliminary injunctions used for the provisional regulation of the circumstances of minors. The fundamental legal principle on which the paper is based is the principle of the best interests of the child, largely based on Art. 3 of the Convention on the Rights of the Child, which states that the best interests of the child shall be a primary consideration in any decision-making concerning children. Emphasis is placed on the child's legal status as a party to the proceedings for a preliminary injunction and the consequent rights of the minor, focusing on the child's right to be heard. The individual chapters are devoted to a detailed analysis of Czech legislation relating to the topic in question, both under the current wording of the law and current application in practice. The first chapter offers a concise introduction to the addressed issue. The second chapter provides definitions of the key concepts related to the topic. The third chapter discusses the position of the child as a party to the proceedings for the issue of a preliminary injunction, their procedural personality and procedural capacity, representation of the child in the process itself and, last but not least, the interests of the child, and their fundamental rights to be...
|
|
|
Child custody proceedings
Hynková, Helena ; Macková, Alena (advisor) ; Frintová, Dita (referee)
This rigorous thesis deals with the proceedings of custody of minors after their parents divorce or as a consequent of their brake-up if the parents were unmarried and did not make and agreement. The first part of the thesis focuses on the current legistation of substantive law, the second part describes the proceedings in detail and the last part focuses on the selected issues which should be discussed in detail. The conclusion sums up the negatives of the legislations and practical problems which often appears.
|
|
|
Judicial decision-making about placing a child into institutional care
Hadamčíková, Miluše ; Macková, Alena (advisor) ; Frinta, Ondřej (referee)
The aim of this thesis is to provide a coherent view of the issue of judicial decision- making about placing a child into institutional care. The base is a determination of the constitutional basis of the right of the state to intervene in family relationships and its simultaneous obligation to act within the child's interest. The first chapter of the thesis gives an insight into key provisions of relevant international treaties and it also offers an overview of conclusions of the European Court of Human Rights case law concerning the right to private and family life. The main part of the thesis occupies with the analysis of the substantial legislation of the institutional care, including European Court of Human Rights case law related to the subject. The following chapter deals with the procedural aspects of the judicial decision-making in the affairs of institutional care. The attention is focused on the principle of the best interests of the child and on the implementation of the procedural rights of the child, especially his or her right to be heard. In the context of the theme the actual recodification of civil law is reflected, as well as the Slovak legislation. The final chapter contains a description of elemental features of the French system regarding endangered children and some...
|
|
|
Court decisions on regulation of proportion of the minor child in relation to the divorce or to the separation of his parents
Renfusová, Lenka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This Master's degree thesis addresses the issue of the decision making process about settlement of the relationship between parents and their underage children after their divorce or separation. The purpose of the thesis is to analyse current regulation of this field in the Czech Republic and evaluate changes brought about by new Civil Code Act No. 89/2012 Coll., which is coming into force on 1st January 2014. The thesis is composed of nine chapters. The chapter one starts with a description of the historical development of family law since the Austrian Civil Code of 1811 up to now with emphasis on situation of the minor child after parental divorce or separation. Its second part deals with new Civil code which includes the family law and government bill of civil procedure code with procedure concern the minor child. Chapter Two focuses on minor child and legal instruments concerning his protection when parents are getting divorce or do not live together. The chapter consists of three parts. Part one describes who are parents and who is child in the Czech civil law. Part two refers to the role of the court in protection of child's best interests. The third part seek to draw attention to participatory rights of the child. The following chapter, divided into four section, looks at the procedure in...
|
|
|
Economic and social impacts of non-payment of alimony in legal theory and practice
Prachařová, Petra ; Pikola, Pavel (advisor)
Bachelor thesis will deal with the maintenance obligation of a parent to minors, that the first results of the Civil Code and later at the initiative of one of the parents addressed by the decision of the Court. The first part will explain the concept of non-payment of alimony, a glossary and its legislation. It will also indicate what impact can have and in most cases a failure to pay maintenance for a minor child and an authorized person. What financial and social problems they face this family and how complex and difficult situation for this family it is. And will also include options identify the beneficiary in the recovery and acquisition amounts due.
It will also mention the earlier arrangement for the payment of maintenance replacement states that it subsequently exacted after the compulsory allowing authorized person and the minor child not suffer financially. The aim of this work will highlight solutions to the economic situation of these families in the form of re payment of maintenance replacement state.
|
|
|
Divorce of marriage and its impact on the education of dependent children
VITHOVÁ, Jana
Divorce rate in the Czech Republic is high. In 2013 an increase of the number of divorces was recorded in comparison to the previous year 2012. A total of 27 900 marriages were divorced in 2013. Majority of which had underage children. Marriage divorce is one of the most stressful things in the life of a human being and is the consequence of long crisis in the marriage. Common cause of this crisis are different personalities, opinions and interests, cheating, alcoholism or lack of interest in the family. Divorce is a difficult time for parents and thein children and its consequences are manifested in everyday workings of the family. This work is divided into theoretical and practical parts. Theoretical part explains the basic concepts, for example: divorce of a marriage and its causes, legal interventions of divorce and situation of minors after the divorce, for example: exclusive single parent care, both parent care, alternating care. Following this the work deals with children's communication with the second parent, classmates, friends; Their school results and the change in their behaviour and behaviour disorders after the divorce. Practical part consist of determination of main and secondary target, description of chosen research process its methods and technique.The practical part contains a truncated form of reports on the results and the conclusion with recommendations for practical use. Main aim of this work was to find out how parents percieve consequences of divorce on the upbringing of their underage children. Secondary's part aim was to find out which parts of child raising were affected the most by the divorce. Thesis was processed by the qualitative research form. Questioning method was also used with the semi-structured conversation. Research file was created from five divorced marriages with underage children, which lived through divorce proceedings and at least a year passed. In the scope of the research it was found out, that parents perceive the consequences of the divorce on the upbringing of their children and that they try to minimise said consequences. It was also found out which areas of child raising the divorce effects the most. With this the main and secondary goal was fulfilled. This bachelor's thesis could be used as a theme for this subject in the form of quantitative research. The results could then be transferred to the general plane.
|
guest ::
