Amending And Supplementing The Law On Family

Original Language Title: , kterým se mění a doplňuje zákon o rodině

Read the untranslated law here:

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91/1998 Coll.


of 3 July 2003. April 1998,

amending and supplementing Act No. 94/1963 Coll., on the family, as amended by

amended, and on amendments to other laws

Change: 281/2009 Sb.

Change: 329/2011 Sb.

Change: 89/2009 Sb.

Parliament has passed the following Act of the United States:

Article. (I)


Article II


Article. (III)

Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975

Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act of the Czech

the National Council No. 24/1993 Coll., Act No. 171/1993 Coll., Act No. 116/1994

Coll., Act No. 152/1994 Coll., Act No. 216/1994, Coll., Act No. 84/1995

Coll., Act No. 118/1995Sb., Act No. 160/1995 Coll., Act No. 237/1995

Coll., Act No. 247/1995 Coll., Constitutional Court of the Czech Republic.

31/1996 Coll., Act No. 142/1996 Coll., Constitutional Court of the Czech

No. 269/1996 Coll., Act No. 202/1997 Coll., Act No. 227/1997

Coll. and Act No. 15/1998 Coll., shall be amended and supplemented as follows:

1. section 74 para. 4, the first sentence reads as follows:

"The decision on the application for interim measures pursuant to § 76a is competent

the District Court which has territorial jurisdiction for the district (County)

the appellant. ".

2. section 113 para. 1 shall be deleted and paragraph numbering shall be deleted at the same time.

3. In § 142 paragraph 2. 1 the second sentence, the word "Prosecutor" shall be replaced by

"the Attorney General".

4. In § 176 para. 1 the words "on the limitation or deprivation of parental rights"

replaced by the words "to grant, restriction or deprivation of parental

responsibility or the suspension of its performance of the guardianship ".

5. In paragraph 181 of paragraph 1. 1, after the word "parents" are inserted after the words: ",

or guardian ".

6. section 181 paragraph. 2 and 3, including notes no. 37) and 38):

"(2) if the Court decides in proceedings the parties are the parents and the child, that

the acquisition does not require the consent of the parents of the adopted child, although they are

his legal representatives, ^ 37) are not the parents of the adopted child

the proceedings for adoption.

(3) the Parents of the adopted child are not parties to the proceedings on adoption,


and) are deprived of parental authority, or

(b)) do not have the capacity to perform legal acts in full, or

(c)) have given consent to the adoption in advance without respect to a particular and adoptive. ^ 38)

37) § 68 para. 1 of Act No. 94/1963 Coll., as amended by Act No. 132/1982


38) § 68a of Act No. 94/1963 Coll. ".

7. section 181, the following paragraph 4 is added:

"(4) the Spouse of the adoptive parent is not a party to the proceedings, if there is no need to acquire

his consent. ".

8. § 238 paragraph 1. 2 (a). (b)):

"(b)) in the matters governed by the Act on the family, unless it is a judgment on the

the restriction or deprivation of parental authority or the suspension of its

performance (denial), the determination of paternity or maternity, or nezrušitelného

adoption. ".

Article IV


Article. In



Act No. 117/1995 Coll., on State social assistance, as amended by Act No.

137/1996 Coll., Act No. 132/1997 Coll. and Act No. 242/1997 Coll., is amended

as follows:

1. in section 24 para. 1 and § 25 para. 1 the number "1.40 ' is replaced by


2. § 43 para. 2 is added:

"(2) if the guardian of the child personally cares, belongs to the Trustees and

child benefits under section 37 to 42. ".

Article. (VII)


Article. (VIII)

Transitional provisions

1. A spouse who has taken before the effective date of this Act, the last name of the second

a husband may until 31 December 2006. December 1998, notify the registry office that will be

taking second place and indicate the surname of the previous one.

2. Things that on 1 January 2002. August 1998 consisted of the undivided

joint ownership of the spouses, become part of the common property of the spouses.

Receivables and debts incurred before the 1. in August 1998, and which according to the

This Act be construed as part of the joint property of spouses, they become

of its components. If other provisions speak of bezpodílovém

joint ownership of the spouses, this means the joint property of the spouses.

3. Guardians of the provisions under section 78 of the family shall be from 1.

August 1998 for foster parents with the rights and obligations listed therein. If other

the legislation speaks of guardianship and opatrovnících pursuant to section 78 of the Act on

family, this means according to the nature of the case guardianship and guardians.

4. Churches and religious societies eligible within the meaning of § 3 para.

1 of the law on the family are the churches and religious societies, which are

registered under Act No. 308/1991 Coll. on freedom of religious belief and

status of churches and religious societies.

5. the provisions of this Act shall be governed by the legal relationships arising from 1.

August 1998; the emergence of these relations, as well as the rights and obligations of the

that to 31. July 1998, however, assessed according to the existing


Article. (IX)

The President of the Chamber of deputies to ratify, in the collection of laws of the United

Republic declared the full text of Act No. 94/1963 Coll., on the family, how to

It follows from amended.

Article. X

The effectiveness of the

This Act shall take effect on 1 January 2000. August 1998, with the exception of article. (VI) point

1, which takes effect on January 1. July 1998.

Zeman in r.

Havel in r.

Tošovský in r.