Parental maintenance obligation towards children in Central
Europe: the Highway to Hell or a Stairway to Heaven

C 2011

Parental maintenance obligation towards children in Central Europe: the Highway to Hell or a Stairway to Heaven

KORNEL, Martin

Základní údaje

Originální název

Parental maintenance obligation towards children in Central Europe: the Highway to Hell or a Stairway to Heaven

Autoři

KORNEL, Martin

Vydání

1st print. Antwerp, The Future of Family Property in Europe, od s. 297-308, 12 s. European Family Law, 2011

Nakladatel

Intersentia

Další údaje

Jazyk

angličtina

Typ výsledku

Kapitola resp. kapitoly v odborné knize

Obor

50500 5.5 Law

Stát vydavatele

Nizozemské království

Utajení

není předmětem státního či obchodního tajemství

Forma vydání

tištěná verze "print"

Označené pro přenos do RIV

Ano

Kód RIV

RIV/00216224:14220/11:00052059

Organizační jednotka

Právnická fakulta

ISBN

978-94-000-0054-4

Klíčová slova anglicky

parental maintenace obligation; Czech family law; Slovak family law; Polish family law

Štítky

rivok

Změněno: 5. 4. 2016 12:05, Mgr. Petra Georgala

Anotace

V originále

One of the major challenges that contemporary family law faces is how to ascertain proper maintenance for the child in the case of his or her parents’ divorce or separation and how to ensure that this obligation will be carried out by the obliged parent. A variety of approaches to these problems are identifiable in Western countries. Although the shift towards maintenance based on obligatory or recommended mathematical formulas is discernible, there are still countries whose legislation contains only very vague rules in this field. This article focuses on these questions in the light of the relevant laws in the Czech Republic, Slovakia and Poland. All the above-mentioned countries have much in common as far as contemporary family law is concerned. This is primarily the effect of previously similar family law legislation adopted in 1949 and 1950 and, secondly, the effect of the long-lasting socialist era. Thus, the legal regulation of the maintenance obligation by parents towards their children has remained almost unchanged since those times in Poland and the Czech Republic. The determination of maintenance is still based on very simple rules and wide discretion by the courts is preferred. In Slovakia, on the other hand, new and progressive legislation was adopted in 2005. Nowadays, a minimum amount of maintenance is laid down and if the non-residential parent does not fulfil his/her obligation the state guarantees maintenance for the child to some extent. In this article, the development of legal regulation is explained and, furthermore, the practical impact of changes on the rights of parents and their children is explored. Such an exploration proves that contemporary vague and discretionary rules, which are effective in Poland and the Czech Republic, are problematical and are an inheritance from the socialist era.

Návaznosti

MSM0021622405, záměr

Název: Evropský kontext vývoje českého práva po roce 2004

Investor: Ministerstvo školství, mládeže a tělovýchovy ČR, Evropský kontext vývoje českého práva pro roce 2004

Citovat

KORNEL, Martin. Parental maintenance obligation towards children in Central Europe: the Highway to Hell or a Stairway to Heaven. In The Future of Family Property in Europe. 1st print. Antwerp: Intersentia, 2011, s. 297-308. European Family Law. ISBN 978-94-000-0054-4.

@inbook{932582,
   author = {Kornel, Martin},
   address = {Antwerp},
   booktitle = {The Future of Family Property in Europe},
   edition = {1st print},
   keywords = {parental maintenace obligation; Czech family law; Slovak family law; Polish family law},
   howpublished = {tištěná verze "print"},
   language = {eng},
   location = {Antwerp},
   isbn = {978-94-000-0054-4},
   pages = {297-308},
   publisher = {Intersentia},
   title = {Parental maintenance obligation towards children in Central Europe: the Highway to Hell or a Stairway to Heaven},
   year = {2011}
}

TY  - CHAP
ID  - 932582
AU  - Kornel, Martin
PY  - 2011
TI  - Parental maintenance obligation towards children in Central Europe: the Highway to Hell or a Stairway to Heaven
VL  - European Family Law
PB  - Intersentia
CY  - Antwerp
SN  - 9789400000544
KW  - parental maintenace obligation
KW  - Czech family law
KW  - Slovak family law
KW  - Polish family law
N2  - One of the major challenges that contemporary family law faces is how to ascertain proper maintenance for the child in the case of his or her parents’ divorce or separation and how to ensure that this obligation will be carried out by the obliged parent. A variety of approaches to these problems are identifiable in Western countries. Although the shift towards maintenance based on obligatory or recommended mathematical formulas is discernible, there are still countries whose legislation contains only very vague rules in this field. This article focuses on these questions in the light of the relevant laws in the Czech Republic, Slovakia and Poland. All the above-mentioned countries have much in common as far as contemporary family law is concerned. This is primarily the effect of previously similar family law legislation adopted in 1949 and 1950 and, secondly, the effect of the long-lasting socialist era. Thus, the legal regulation of the maintenance obligation by parents towards their children has remained almost unchanged since those times in Poland and the Czech Republic. The determination of maintenance is still based on very simple rules and wide discretion by the courts is preferred. In Slovakia, on the other hand, new and progressive legislation was adopted in 2005. Nowadays, a minimum amount of maintenance is laid down and if the non-residential parent does not fulfil his/her obligation the state guarantees maintenance for the child to some extent. In this article, the development of legal regulation is explained and, furthermore, the practical impact of changes on the rights of parents and their children is explored. Such an exploration proves that contemporary vague and discretionary rules, which are effective in Poland and the Czech Republic, are problematical and are an inheritance from the socialist era.
ER  -

KORNEL, Martin. Parental maintenance obligation towards children in Central Europe: the Highway to Hell or a Stairway to Heaven. In \textit{The Future of Family Property in Europe}. 1st print. Antwerp: Intersentia, 2011, s.~297-308. European Family Law. ISBN~978-94-000-0054-4.

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