Sbližování a vzdalování českého a slovenského rodinného práva
| Title in English | Approximation and Divergence of Slovak and Czech Family Law |
|---|---|
| Authors | |
| Year of publication | 2005 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | family law - approximation - recodification |
| Description | The first part of the article was devoted to an explanation of the process of approximation of Slovak and Czech family law within the period of the Czechoslovak state (1918 - 1992). Then, the gradual divergence of law incorporated in both the Slovak family code and the Czech family code is explained (since 1993). It is emphasized out that thanks to human rights conventions and changes in family law of the European countries the lawmakers of both the Slovak republic and the Czech republic have to think about a new approach to family law. Within the process of re-codification of civil codes in both countries the family law based on European standards should be incorporated into respective civil codes as a main sources of private law. The second part of the article gives a brief summary of institutes of Slovak and Czech family law in their evolution. The main attention is paid to conclusion of marriage, divorce, marrital property law, family housing, parentage, maintanance duties, substitute care of the child (adoption, foster care) etc. The article was written with the aim to create a theoretical and comparative study including historical consequences and contemplation according to designed law. It was stressed out that comparative studies show that European trend tends to more freedom, to choice, to alternatives even in family law and that principle of autonomy will should be taken as a maxima iuris not only for interpretation and application of law in these branches of legal order but also for re-codification of private law in both the Slovak and the Czech republics. The conclusion of the article is very optimistic: it calls for a new form of convergence of Slovak and Czech family law after respective re-codifications. |
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