Osnova sekce
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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 250/2012Sources:
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.