Občanský zákoník Velký komentář § 655-975 - Svazek IV - Rodinné právo – Melzel Filip (2016)

The fourth volume of this commentary on the new Civil Code deals with family law, the second part of the code. It is divided into two sections: IV/1 (§§ 655–793) and IV/2 (§§ 794–975). The first section covers the legal regulation of marriage, including matrimonial property law, and kinship, including the determination of parentage. The second continues with adoption, regulates relationships between parents and children, including maintenance obligations, and concludes with guardianship and other forms of childcare. It also includes related joint and transitional provisions (§§ 3021–3040). Family law was separated from the Civil Code for more than 60 years, first through the independent codification introduced by the 1949 Family Law Act and later through the Family Act. This formal separation from general private law also disrupted its links with basic civil-law institutions. Family law came to be understood as a separate category, largely independent of general civil law. One of the challenges of the present day is therefore to reconnect the theory of family law with general civil-law doctrine. The authors seek to meet this challenge by describing not only the new legislation but especially the problems of interpretation and application that it raises. Their analysis reflects existing Czech and Czechoslovak case law and legal literature, and, where appropriate, conclusions reached by the legal scholarship of related legal systems. The result is the most extensive treatment of the private-law aspects of family law published in the Czech context to date. The contents are in Czech.