Publication details
Rozlišení mezi omezením rodičovské odpovědnosti a omezením výkonu rodičovské odpovědnosti
| Title in English | Distinction between limitation of parental responsibility and limitation of the exercise of parental responsibility |
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| Authors | |
| Year of publication | 2025 |
| Type | Peer-reviewed scientific article |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| web | Open access článku |
| Keywords | parental responsibility; best interest of the child; restricting parental responsibility; right to family life; parental rights and responsibilities |
| Description | Section 870 of Act No. 89/2012 Coll., the Civil Code, newly introduces a distinction between two measures by which the court may intervene into parental responsibility, namely restriction of parental responsibility and restriction of the parent’s right to exercise parental responsibility. The objective of this contribution is to find a justification for such distinction, which is a rarity from a historical perspective within Czech legislation. The paper offers a critical analysis of the arguments provided by the contemporary doctrine and case-law of the Supreme Court of the Czech Republic distinguishing between these measures. Given the aspects that have received attention by the doctrine and case-law, the paper is divided into several parts. Firstly, the nature (preventive and punitive) of the compared measures and the corresponding prerequisites for their application are addressed. Followed by an analysis of the consequences of the compared measures in terms of the form of interference into parental responsibility and the subsequent possibility of restoring (the right to exercise) parental responsibility. However, in view of the concept of the legal regulation of interference with parental responsibility, the arguments for distinguishing the compared measures and their placement in the hierarchy of measures interfering with parental responsibility, as introduced by the Supreme Court’s case-law, seem unconvincing. |
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