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Guardianship and guardianship council
Tůmová, Adéla ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
[Guardianship and guardianship council] Abstract The topic of this thesis is guardianship and the guardianship council. The aim of the thesis is to examine the legal regulation of guardianship and guardianship councils in the past and also to examine the current legal regulation. This thesis should provide information on where we place guardianship and the guardianship council and what their purpose is and how they function. In this thesis, the Czech legislation on guardianship is partly compared with the French legislation. The first chapter deals with the family and parental responsibility. The rights and obligations that are the content of parental responsibility, who is the bearer and the executor of parental responsibility are listed and defined. And what protective measures exist when a parent does not exercise parental responsibility. The second chapter of this thesis is devoted to a historical excursion from the times of the Roman Empire to the Family Law, describing how guardianship worked and to whom a guardian was appointed at each stage. Roman law provided an important basis for the development of private law, and the law of guardianship was no exception. Later legislation was inspired by Roman law. The third chapter is devoted to the institution of guardianship itself, what are the grounds for...
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Representation
Navrátilová, Lucie ; Dvořák, Jan (advisor) ; Elischer, David (referee)
REPRESENTATION This theses focused on representation in term sof civil law, family law and business law. This issues is processed komplex and contains all the basic attributes of representation. Theses is based on current treatment of private law and it highlights the changes in new civil Code effective since january 2012. It evaluates legislation in comparison with future changes. It refers to mootness, uncertainties and inaccuracies contained in the current Civil Code. The work focuses on the representation in general and its different types based on the Civil Code. It also contains a modification in the representation of the Commercial Code, which focuses on representing corporate and procuration. The presentation draws on family law representation and guardianship of minors, guardianship.
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Tutorship (as type of guardianship)
Macháčková, Natálie ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Tutorship (as type of guardianship). The thesis deals with a guardianship, with the most important historical milestones in a guardianship evolution and with the guardianship legislation in the Czech Republic taking into account guardianship legislation in the Federal Republic of Germany. Through the guardianship is provided alternative legal protection of legally incompetent minor lacking necessary legal protection. The aim of the guardianship is ensuring an appropriate alternative legal protection of ward's legal matters. The thesis is dividend into two parts and eight chapters. The first part is devoted to the most important codifications which in my opinion influenced the development of the guardianship on our territory the most. The first part deal with guardianship legislation in the Roman law, provincial and municipal law, in the General Civil Code and marginally about guardianship legislation contained in the Act of family law and in the Family Code. The second part of the thesis deal with guardianship legislation in the Czech Republic taking into account guardianship legislation in the Federal Republic of Germany. The second charter is devoted to the term guardianship and to the sources of guardianship legal regulation in the Czech republic. The core of the thesis consists of the third to eighth...
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Termination of marriage and the minor
Trlová, Silvie ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé Author of this thesis deals with legal analysis of a status of a minor in the case of disrepair of its family. The thesis is composed of seven chapters, each of them dealing with different aspects of Czech regulation of the relationship between parents and their minor children. First chapter is an introduction and defines legal term of marriage and legal term of a minor child used in the thesis. Second chapter analyses termination of marriage due to death. The chapter is divided into two parts. First part examines relevant Czech legislation engaged in death of natural person. Second part is dedicated to a destiny of orphaned minor. Primary theme of this part is to analyse legal institute of wardship of a minor. Third chapter deals with dissolution of marriage by divorce and Czech regulation of the relationship between divorced parents and their minor children. The aim of this chapter is to analyze statutory conditions and consequences of divorce. The author states two forms of divorce, each of them requires different conditions. The end of the part focuses on judgement of court for the upbringing and support of a minor. Fourth chapter explores forms of raising of a minor. In this chapter author focuses on legal requirements for parents to get the child to the custody. Fifth chapter is about duty of...
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Substitute family care in the Czech Republic
Trnková, Lucie ; Salač, Josef (advisor) ; Hendrychová, Michaela (referee) ; Radvanová, Senta (referee)
This dissertation is concerned with the issues surrounding substitute family care in the Czech Republic and presents an analysis of its legal regulation as set out in both private law and public law regulations. The term substitute family care encompasses several independent legal institutions, which together form a system serving to protect children at risk who cannot grow up in their own family. The system of substitute care is divided into family-type individual care on the one hand and collective care provided in institutional facilities on the other. This dissertation examines the historical development of forms of substitute care, analyses their current legal regulation, including procedural regulation, and evaluates the interconnectedness and mutual harmoniousness of individual legal regulations. It analyses the inner workings of the substitute care system and delineates the rights and obligations of entities which enter into it in various capacities, with an emphasis on how the fulfilment of the rights of a minor is enforced and how their best interest is considered. Given the subject matter, the topic of the dissertation is approached in an interdisciplinary fashion, for the interdisciplinary cooperation of individual persons acting on behalf of the state in the legal relations of...
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The current system in alternative foster care for vulnerable children
Semerádová, Lucie ; Válková, Monika (advisor) ; Krahulcová, Beáta (referee)
My dissertation work deals with substitute foster care. It's mainly focused on summary of changes in law in the current systém and their contribution to practice. The main goal was to map out the area of substitute foster care from the very first references of foundlings of Bohemia and Moravia. The theoretical part is divided into four chapters that include history, reason of changes from the UN to the amendment of laws and their implementation. Further I describe all forms of substitute foster care in Czech republic including financing and education of foster parents. The last chapter of theoretical part I focused on the substitute foster care system in the UK which is the model for a similar system in the Czech republic. The practical part is dedicated to qualitative research that tries by using the semi-structured interviews to find out how the mentioned changes work in praxis and how they affect the work of social workers and foster parents. The praxis shows that the amendment helps the healthy development of the child however the praxis lacks a coherent tools of social work to its proper fulfillment and functionality.
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