Osnova sekce

  • Learning outcomes:
    - Students describe the historical development of parental authority, from Roman law through the ABGB 1811 to modern civil law.
    - Students identify and classify the mutual duties and rights of parents and children, emphasizing their protective purpose.
    - Students define the scope and content of parental responsibility under the Civil Code, including care, protection, upbringing, representation, and asset administration. 
    - Students explain the duration and legal nature of parental responsibility, and its creation and extinction. 
    - Students evaluate judicial interventions in parental responsibility, such as suspension, limitation, or relieving of responsibility.
    - Students differentiate between various forms of maintenance performance, such as monetary payments, in-kind provision, and personal care. 
    - Students apply general and special criteria for determining the extent of maintenance duties, including considerations of ability, needs, and good morals. 
    - Students analyse case law illustrating the interpretation of maintenance standards.
    - Students describe the legal framework for tutorship, guardianship, foster care, and institutional care, including their respective rights and duties.

    Relevant provisions of Czech Civil Code:
    Sects. 777, 778, 855 et seq., 910 et seq., 928 et seq.

    Case law:
    CZ: CC Case No III. ÚS 606/04
    CZ: CC Case No I. ÚS 1393/17
    CZ: CC Case No IV. ÚS 650/15
    CZ: CC Case No IV. ÚS 2691/24
    CZ: SC Standing No Cpjn 204/2012
    CZ: SC Case No 24 Cdo 80/2020
    CZ: SC Case No 4 Tdo 250/2012

    Sources:
    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.