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Legal status of parents in adoption
Vampolová, Gabriela ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Legal status of parents in adoption Abstract The goal of this diploma thesis is the analysis of the Czech legal regulation of the position of the parent during an adoption. According to Act No. 89/2012 Coll., of the the Civil Code, essence of the adoption is primarily a status change in the legal status of the parent and child, which consists in the termination of family relationships, including obligations and rights to the adoptee's original family. The consequence of adoption is the termination of the relationship between parent and child, which is considered for the basic status relationship of family law. However, the termination of family relations will not occur in the case of adoption of an adult, which is not similar to the adoption of a underage. The first part of the thesis is briefly devoted to the concept of family, it reflects on its importance and a possible definition of this concept. The second part deals with parenthood in the legal sense, the purpose of this part is to determine to who can be considered as a parent in accordance with Czech legislation, to whom the parental duties and rights testify, and mainly who create the basic status relationship of parent and child. Within this part, the legal regulation of maternity and paternity is discussed separately. Regarding the legal...
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Family meditation in the Czech republic
Fišerová, Rebeka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis aims to introduce mediation as one of the alternative dispute resolution methods, specifically focusing on its application in the field of family mediation. In the initial part of the thesis, mediation is described, involving its scope, process, and legal regulations in the Czech Republic, in the European Union, and internationally. Following this, family mediation, its objectives, and specific aspects are introduced. The subsequent section conducts a comparative study between family mediation and court proceedings in family law disputes. The study seeks to compare both methods of dispute resolution and to determine whether mediation can be a more effective solution for family law disputes. The areas chosen for comparison are the entrusting the child to the care of another person, the settlement of community property, and the determination of child support. In each of these cases, a comparison is made regarding the initiation of proceedings, their course, duration, the financial difficulty, and the enforceability of the resulting solution. The findings of the comparative study support the hypothesis that mediation can be a more effective approach to resolving family law disputes. Mediation generally offers a faster and more cost-effective solution compared to court proceedings, especially in...
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Selected issues of adoption (comparative fragments)
Kubovičová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé The topic of this master thesis is selected issues of an adoption (comparative fragments). I chose not to deal with the theme as a whole because of its extent, which would have inevitably lead to mere scratch of the surface of such complex issue as an adoption. Picking and choosing some interesting aspects enabled me to go more into detail and elaborate on them in depth. When approaching this thesis I chose to use combination of analytic and comparative method. The thesis itself is composed of the introduction, six chapters and the conclusion. The purpose of the Introduction is to make the reader aware of the structure of the thesis and to outline the complicated legal nature of adoption. The objective of this thesis, which is also announced within this section, is to provide the reader with issues not usually dealt with within theses or academic works. Chapter One is divided into three parts and subsequently shed light into the concept of the adoption, its types and sources of the legislative. Chapter Two is dedicated to historical excursion and is divided into two parts. The First Part deals with global level and the Second Part is focused on the national level with emphasis on most recent historical milestones. Chapter Three is subdivided into three parts. The First Part examines conditions, which...
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Rights and obligations of parents and children with emphasis on selected issues of development of relationship between parents and children
Málková, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The family is a term, which is known in each period of history of mankind. It played, playes and will play an important role in life of every individual. It helps to create an identity of individual, a scale of values and principles, which are so necessary for happy life. The topic of my thesis is Rights and Obligations of Parents and Children with Emphasis on Selected Issues of Development of Relationship between Parents and Children. I have chosen this topic because I think that this part of family law is very interesting, especially the questions regarding to the determination of parenthood in the time of the medical breakthroughs. The purpose of my thesis is to analyse Czech legislation with regard to international law. The thesis is composed of six chapters, each of them dealing with different aspects of the relationships between parents and children and the determination of parenthood. Chapter one is introductory. It is subdivided into four parts. Part one deals with history of legislation of relationships between parents and children. Part two describes general features of this relationships. And third and fourth parts sort rights and obligations into groups and analyze the issue of a parental responsibility, which are the basic rights and obligations of parents and children. These rights and...
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Analysis of Practical Implications of Changes in Family Law Introduced by §655 - §975 of the Civil Code.
Veselá, Soňa ; Tomeš, Igor (advisor) ; Pěnkava, Pavel (referee)
(in English) This bachelor thesis deals with new legal regulations of Family Law listed in new Civil Code Act No. 89/2012Coll.in force from 1. 1. 2014 with it simplifications for the practice of Social and Legal Protection of Children departments. According to this new act the preceding Act No. 94/1963 Coll. concerning the Family, which has regulated Family Law, and Act No. 40/1964 Coll. on the Civil Code, are abolished. Hypothesis: This breakthrough change in our legislation influences Fundamentals of Family Law and current administrative a juridical practice. Aim: analyse new Family Law regulated by articles nos.655 to 975of Act No. 89/2012 Coll., compare the legislations with Act No. 94/1963 Coll., evaluate the expected impact on people concerned, as indicated by the abolishment of Act No. 94/1963 Coll., and identify the impact on proceeding and practice in departments of Social and Legal Protection of Children. Methods used in the bachelor thesis: analysis, comparative study, deduction.
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Foster care for a temporary period
Skryjová, Lucie ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
FOSTER CARE FOR A TEMPORARY PERIOD This thesis describes and critically judges the legal regulation, practice and purpose of foster care for a temporary period in the Czech Republic. Children temporarily or permanently deprived of their family environment or children, who cannot be left in such environment, are entitled to a special protection and assistance granted by the state in one of alternative care forms. The Czech Republic is criticized for a long time by the international organizations because of numbers of children placed in any type of institutional care. Consequently, the amendment of the Act N. 359/1999 Coll., on social and legal protection of children, has been approved in June 2006. This amendment has established a new legal institute called "the foster care for a temporary period". The function of this institute is to avoid a placement of children to an institutional care in the case, when the children can not stay in the original family because of whatever reason however there is a presumption of re-entry to that original family. Parents still have their parental responsibilities and still have right to keep in touch with their child. The thesis is composed of six chapters, which are subdivided into subchapters. Chapter One deals with the historical development of foster care. Chapter Two...
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Models of Post-Divorce Child Care in the Czech Republic and in Italy
Argalášová, Marta ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Models of Post-Divorce Child Care in the Czech Republic and in Italy Abstract The topic of the thesis is a comparative approach to the institute of post-divorce childcare in the Czech Republic and in Italy. Decision-making about family arrangements after the divorce and separation of parents is related to a choice of the right model of post-divorce childcare, which the law of different countries offers. This decision implicates, in itself, also a decision on the right of access and maintenance, therefore a decision on childcare. The introductory part of this thesis is dedicated to a historical excursus on the development of family law in both countries, which enables the reader to understand current legislation and its background. A substantial part of the thesis is dedicated to the institute of divorce itself, since it is considered the starting-point for the decision about post-divorce childcare. The differences between the concept of divorce in the Czech Republic and in Italy are crucial for the following post-separation childcare decision-making. The so-called two-phase divorce in Italy makes a great difference in the decision-making about post-divorce childcare in both countries. The main part of the thesis offers a comparison of post-divorce childcare and the introduction of single models of...
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