Právní následky rozvodu manželství

Lucia Cotiofanová

Master's thesis

Legal effects of divorce compared to the Slowakia

Abstract:

Moja diplomová práca má názov Právne následky rozvodu manželstva. Túto tému som si vybrala, hlavne preto, že by som sa jej chcela aj v budúcnosti venovať a pomáhať ľudom vyriešiť túto neľahkú životnú situáciu

Abstract:

The name of my diploma thesis is Legal consequences of divorce. I have chosen this topic, because I would like to devote to it in the future, and I would like to help to help people to solve their difficult situations. In my work, I was comparing Czech legal form and Slovak legal form. Both legal forms result from the same law about family no. 94/1963 Sb., but since the division of Czechoslovakia and the existence of two separate states, the laws of both states were amended what led to drawing a part of the two states. I would like to point out to these differences. Therefore, there is a historical excursion about the legal form of divorces and also the modification of divorce, its comparison with Slovak legal form and its processional side. In the next part, I dealt with the custody of the child after divorce, to whom will the child be given to keep and what are the possibilities to bring up their children. It is very important to communicate and make a deal with your partner about how to raise the children, so that the divorce of parents will influence the children. In addition to the custody, it is very important to make a deal about the maintenance. In the case of disagreement this situation is solved by the court. It is not possible to divorce the marriage until the parents have all the custody and maintenance issues settled up. But not only children are dependent on maintenance. There may also occur a situation (after the divorce), when one of the divorced partners is not able to earn a living because of the age or health problems. Then, if it is reasonable, the court ordains the alimony for the divorced partner as well. After the divorce of marriage, the common property of a married couple became extinct and it is necessary to settle it up. In a lot of cases, the couples have wrangled about property for years. It is possible to settle up the property by written agreement, what is the best way. If the written agreement is not possible, the couple could apply to the court with the lawsuit of settling up of their property which they gained during the marriage. If the couple does not apply to the court or does not make a deal in a three years period, the compelling legal presumption is valid. That means that the exclusive owner of the property is a person who used it exclusively; the chattels non-exclusively used become a tenancy in common of ex-couple with the equal share. The immovable property becomes the tenancy in common with the equal shares

Language used: Czech

Date on which the thesis was submitted / produced: 23. 2. 2010

Thesis defence

• Date of defence: 4. 5. 2010
• Supervisor: Lenka Westphalová
• Reader: Klára Bartoníčková

Univerzita Palackého

Právnická fakulta

Master programme / field:
Právo a právní věda / Právo