|
|
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...
|
|
| |
|
|
Ethical aspects of guardianship
ŠIMKOVÁ, Petra
This thesis discusses the issues of public guardianship in the current practical and legal context. It deals with human rights, the question of the limitation of incapacitation, and the conditions that must be met. I present here, what the different types of guardians are, or what are the rights and obligations of a guardian. I think about the ethical issues in conjunction with guardianship, that relate to human dignity and freedom. In conclusion, through talks I'm trying to look into practice of public guardianship and determine what problems the public guardians deal with.
|
|
|
The Legal Capacity and Guardianship from the Perspective of Clients and Professionals.
BOROVSKÁ, Kateřina
The topic I have chosen for my thesis is Guardianship and Legal capacity from the points of view of both clients and professional public. This thesis is divided into a theoretical and a research part. The theoretical part of the thesis presents information on legal capacity, guardianship and also on the person of the guardian. A relatively large space is devoted to guardianship, thus the theoretical part includes information on, among other, appointing and selecting a guardian as well as on the guardian´s rights and obligations and surveillance of the guardian. The thesis also mentions other selected institutes of the Civil Code that can be of assistance to persons with mental disabilities, without limiting their legal capacity. Another topic of importance dealt with in the theoretical part is human rights, both in the sense of general sources of human rights and the sources of rights of persons with intellectual disabilities. Furthermore, the theoretical part of the thesis gives a brief overview of characteristics of persons with mental disabilities and the etiology of mental disability. The research part states findings of the research that was conducted by the strategy of qualitative research. The method of data collection was interrogations and semi-structured interviews. The research group included people with mental disabilities limited in their legal capacities as well as representatives of professional public who are in some way involved in the guardianship institute and who deal with this issue in their work on a daily basis. The main aim of the thesis was to find out how clients with intellectual disabilities and representatives of the professional public perceive guardianship and related issues. In addition, conducted research investigated whether clients know what role the guardian plays in their lives and whether they know their rights and obligations. Last but not least, the views of the professional public on the role of guardian in the client's life and also the experience of the professional public with the application of selected rights and obligations of clients were looked into. Results of the survey have given base to understanding how clients and the professional public perceive guardianship, what their views of rights and obligations of clients and guardians are, how demanding they find to be a guardian and last but not least, what role a guardian should play in their ward´s life.
|
|
|
Curatorship
Závodská, Zuzana ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Thesis title: Curatorship The thesis deals with the legal institute of curatorship, as one of the forms of representation, which is intended to protect and fulfill the rights and interests of the person represented. The thesis is primarily focused on substantive legislation contained in an Act No. 89/2012 Coll., The Civil Code. Despite the fact that this thesis is focused on substantive legislation, it also discusses related procedural issues. This diploma thesis is divided into introduction, six chapters and a conclusion. The first chapter describes historical basis of curatorship and also a short glimpse to the previous legislation. The next chapter introduces fundamental terms and explains the systematic inclusion of legislation governing curatorship in an Act No. 89/2012 Coll. The core of this thesis is chapter three, which analyses the legislation of curatorship of an individual. This chapter also introduces related legal institutes such as limitation of legal capacity and declaration in anticipation of incapacity. Chapter three focuses on adult curatorship law as well as on curatorship law of minors. It also describes the status of the curator, his rights and duties, conditions which justify the termination of his function as well as termination of curatorship. The forth chapter primarily...
|
|
|
Procedural position of a person whose domicile is unknown in light of "Brussels I Regulation"
Širůčková, Pavlína ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (referee)
Procedural position of a person whose domicile is unknown in light of "Brussels I Regulation" One of the results of the removal of obstacles that previously used to prevent EU citizens from moving into another member state is, among others, an increase in the number of contracts entered into with nationals from other member states. Connected therewith there has been an increase in the number of cases involving a foreign element taken before courts of the member states. Many of those cases are in fact brought against persons whose domiciles are unknown. To be precise, in practice it is defendants on whom it is not possible to serve the process and at the same time the court has no information regarding their domiciles. Not only is it impossible to find out whether they are in the Czech Republic, but the question is whether they are in the EU at all. In such a case it is necessary to consider whether it is possible to apply the rules of Brussels I Regulation, whose operation is based on the principle of domicile of the sued party, for the determination of jurisdiction in proceedings against such defendants. Besides this basic issue the paper also deals with the assessment of whether it is possible to apply, in the proceedings against a person whose domicile is unknown, domestic institutes which are...
|
|
|
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...
|
|
|
Administrative procedures of the realization the land consolidation
FREIBERKOVÁ, Veronika
The content of this bachelor thesis is the issue of the current legislation in force in relation to land consolidation and the Administrative Code. I tried to completely analyze the entire area of land consolidation. Management of land consolidation is very specific, mainly because the provisions of the Administrative code are applied only minimally. I have analyzed the various stages of the proceedings, and I pay attention to appointing a guardian, the particulars of decisions and remedies that are established in administrative law. The final part is developed on the basis of practical informations obtained from the Land Office Klatovy. Decisions dealing with this problem in practice are added to the work
|
|
|
The guardian´s role in legal processes concerning child care.
VONDRÁŠKOVÁ, Blanka
The thesis contains a theoretical and a research part, both dealing with the role of the guardian in legal processes concerning child care. The theoretical part focuses on introducing the institute of the social-legal protection of children acting as a guardian in legal processes concerning child care. It further explains the problematics of guardianship in the above mentioned processes and describes conditions under which the guardian is usually established. The research part presents the guardians´ opinions concerning their legal rights and competences in the discussed legal processes. According to the thesis aim, a qualitative research was done in the form of interviews with the guardians of the municipal offices in Sušice and Horažďovice. As a result, the interview data is evaluated and discussed in the final part of the thesis. According to the guardians, a methodological guide or a simple description of the guardian´s responsibilities is missing. The guardians face this problem every day, but they also identify other problems (as for example problems caused by the prolonging of adjudications or by their time-consuming work).
|
guest ::
