Řízení o určení a popření rodičovství a jejich procesní specifika – Šínová Renáta (2024)

The book provides a comprehensive analysis of the current legal regulation of proceedings for the determination and denial of parenthood. It is divided into three main parts, which gradually address the general issues of non-contentious proceedings, the determination of motherhood, and in the most extensive third part, the proceedings for the determination and denial of fatherhood. It clarifies the reasons why it is not possible to conduct proceedings for the denial of motherhood, but only for the determination of motherhood, who can file a proposal to initiate proceedings, and how the proceedings should be conducted from an evidentiary perspective. Regarding fatherhood, it discusses the possibility of conducting proceedings from the perspective of the so-called putative father, who, according to the current legal regulation, cannot seek the denial of fatherhood, or is not actively entitled to do so. The publication answers the question of whether it is currently possible to conduct proceedings on the invalidity of a consensual declaration of fatherhood and, after concluding that it is not possible, explains why these issues can only be resolved within the framework of proceedings for the denial of fatherhood, as otherwise legal certainty would be severely disrupted. Thus, the putative father is only entitled to submit a proposal to initiate proceedings under Section 793 of the Civil Code, by which the court can deny fatherhood even without a proposal. With a focus primarily on procedural law, the book...