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Children, Parents, Parental Resposibility and the Civil Liability of other People
Autoři | |
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Rok publikování | 2019 |
Druh | Článek v odborném periodiku |
Časopis / Zdroj | The Lawyer Quarterly |
Fakulta / Pracoviště MU | |
Citace | |
www | Open access časopisu |
Klíčová slova | minor child; parents; parental responsibility; relatives; private personal caregivers; domestic workers; obliges party; contracts for temporal personal care of the child; wrong fulfilment; duties; liability |
Přiložené soubory | |
Popis | Parental responsibility is akey concept of Czech Family Law. The Civil Code regulates the rules for administration of parental responsibility in harmony with the best interests of the child and his or her welfare and participations rights. As parental responsibility is vested with the legal parents of the child, it cannot be wholly “delegated” to other people (relatives, private personal caregivers, domestic workers etc.). However, the parents are free to conclude “contract for temporal personal care of their child”, which is not regulated as atypical contract by the Civil Code. Such acontract can be classified under “contracts for work” or “mandate copntract”. When relatives, private personal caregiver or domestic workers (in short “obligated party” or “obligor”) do not fulfil the rights and duties established by the contract then they are legally responsible for the wrong fulfilment. |