Osnova sekce
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Learning outcomes:
- Students distinguish between the concepts of parent, parentage, parenthood, and parental responsibility, and explain legal, biological, and social dimensions of parenthood.
- Students interpret the scope and limitations of the child’s right to know their origins in accordance with ECtHR case law.
- Students identify and compare traditional and modern methods of determining parentage.
- Students analyse the principle “Mater semper certa est” in historical and contemporary legal contexts, and assess its relevance in light of surrogacy and baby-boxes.
- Students explain the concept of surrogacy and identify different models how legal system treats this issue.
- Students explain the evolution of paternity determination rules, and critically assess ECtHR case law and Czech legal presumptions of paternity.
- Students discuss historical and modern approaches to child abandonment and analyse the legal status of abandoned child and controversies surrounding baby-boxes and anonymous births.
- Students describe the historical development of adoption and its transformation from property-based to child-centered institution, including the main elements of Czech legislation on adoption.Relevant provisions of Czech Civil Code:
Sects. 775-793
Sects. 794-854Case law:
ECtHR: Odièvre v. France, Application no. 42326/98
ECtHR: Godelli v. Italy, Application no. 33783/09
ECtHR: Yildrim v. Austria, Application no. 34308/96
ECtHR: Rasmussen v. Denmark, Application no. 8777/79
ECtHR: Kňákal v. the Czech Republic, Application no. 39277/06
ECtHR: Shofman v. Russia, Application no. 74826/01
ECtHR: Mizzi v. Malta, Application no. 26111/02
ECtHR: Paulík v. Slovakia, Application no. 10699/05
CZ: ConCourt Case No. I. ÚS 3226/16
UK, House of Lords: Ampthill Peerage Case [1977] AC 547Sources:
Frinta, O. Private Law in the Czech Republic – Development, Presence and Prospects, In Moon, J.; Tomášek, M. et al. Law Crossing Eurasia. From Korea to the Czech Republic. Passau-Berlin-Prague: rw&w, 2015, pp. 63-89.