Publication details
Lidskoprávní dimenze českého rodinného práva
| Title in English | Human Right Dimension of Czech Family Law |
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| Authors | |
| Year of publication | 2009 |
| Type | Monograph |
| MU Faculty or unit | |
| Citation | |
| Description | The main goal of the book Human Rights Dimension of Czech Family Law was a critique of the Czech Family Law designed according to the Soviet pattern after 1948. The 1963 Family Act is still the main source of the written Czech Family Law. However, after 1989, it is interpreted and applied differently, mainly by the Constitutional Court. The main reason can be seen in the influence of human rights conventions and the case law of the International Court of Human Rights. That is why the study deals not only with the written law but also with the case law. Owing to the role of the Constitutional Court we can speak nowadays about human rights dimension of Czech Family Law and its constitutionalism. This contributes to a more optimistic view of the future development of Czech Family Law, especially in relation to the designed law, the draft of the new Czech Civil Code. The book is divided into 8 parts. Following the introduction (the 1st part) and the historical background (the 2nd part) the book is focused on the main problems connected with the new dimension of Czech Family Law: on the balance among legal, biological and social parentage (the 3rd part), on parental responsibility v. the best interest of the child (the 4th part), fostering and adoption (the 5th and 6th parts) and on the premarital and marital conventions v. the judicial revision of theirs content (the 7th part). The final part is a conclusion (the 8th part). |
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