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@proceedings{2250363, author = {Lach, Karel}, booktitle = {International Interdisciplinary Doctoral Conference}, keywords = {Vulnerable person; autonomy of will; supportive measures; limitation of legal capacity; guardianship; spouses; assets}, title = {Selected Legal Issues on Spousal Custody}, url = {https://www.rays.org.ro/internationaldoctoralconference2022}, year = {2022} }
TY - CONF ID - 2250363 AU - Lach, Karel PY - 2022 TI - Selected Legal Issues on Spousal Custody KW - Vulnerable person KW - autonomy of will KW - supportive measures KW - limitation of legal capacity KW - guardianship KW - spouses KW - assets UR - https://www.rays.org.ro/internationaldoctoralconference2022 N2 - There may be circumstances in life that make a person dependent on the help of another person. The Czech Civil Code therefore provides for a system of support measures. If the protection of a person's interests or the public interest so requires, the court may appoint a guardian for the person. Typically, this will be the case in cases of limitation of a person's legal capacity, or in situations where his or her health condition makes it very difficult for him or her to manage his or her property or defend his or her rights and other measures (e.g. representation by a household member) are not sufficient. In accordance with the fundamental principle on which the Czech Civil Code is based, i.e. autonomy of will, the court takes into account the proposal of the ward when choosing the guardian. If the ward does not propose one himself, the court shall appoint a guardian primarily from among his or her relatives or other close persons. This raises the question of whether the guardian can also be the spouse of the ward? If so, what are the legal implications for their life together? If there is a conflict of interest between the guardian and his or her ward, the court will appoint a conflict guardian for the case, who should make a decision at that point. However, is this sustainable and practical in the case of guardianship of the spouse? In this paper, I will also address spousal guardianship to the extent of managing the ward's assets. How will guardianship affect matrimonial community property and its potential regimes? What role does the disability of one or both spouses play here? I will try to offer answers to the above questions and outline a direction for further possible research. ER -
LACH, Karel. Selected Legal Issues on Spousal Custody. In \textit{International Interdisciplinary Doctoral Conference}. 2022.
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