Act No. 265 / 1949 Coll.
Law on Family Law
Valid
Effective from 01.01.1950
Contents
HLAVA PRVÁ.
Část první.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
Část druhá.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
Část třetí.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
HLAVA DRUHÁ.
Část první.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
§ 40.
§ 41.
Část druhá.
§ 42.
§ 43.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
§ 50.
§ 51.
Část třetí.
§ 52.
§ 53.
§ 54.
§ 55.
§ 56.
§ 57.
§ 58.
§ 59.
§ 60.
§ 61.
§ 62.
Část čtvrtá.
§ 63.
§ 64.
§ 65.
§ 66.
§ 67.
§ 68.
§ 69.
§ 69a.
Část pátá.
§ 70.
§ 71.
§ 72.
§ 73.
§ 74.
§ 75.
§ 76.
§ 77.
HLAVA TŘETÍ.
§ 78.
§ 79.
§ 80.
§ 81.
§ 82.
§ 83.
§ 84.
§ 85.
§ 86.
§ 87.
§ 88.
§ 89.
§ 90.
§ 91.
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265.
Law
of 7 December 1949
about family law.
The National Assembly of the Czechoslovak Republic decided on the following Act:
In order to give the preconditions for creating a marriage as a voluntary and lasting life community of a man and a woman, founded in a legal way, which will serve the interests of all its members and the benefits of society in accordance with its progressive development,
to bring into life the principles of the Constitution on equal status between men and women and on the rights of children without distinction of origin; and
in order to ensure the protection of marriage and family so that the family is a healthy basis for nation development, it is established:
Marriage.
A marriage.
(1) The marriage is concluded with the consent of the man and woman before the local national committee of marriage.
(2) If this declaration by the fiancé is not made before the local national committee, there will be no marriage.
(1) The marriage is concluded before the local national committee responsible for running the perimeter matrices in which one of the fiancé is resident.
(2) However, for serious reasons, marriage may be permitted before another local national committee.
(1) Fibres are required to submit extracts from the birth register and other necessary documents and declare that they are not aware of the circumstances which would exclude the conclusion of the intended marriage and that they are aware of the health status of both of them.
(2) In addition, those who wish to marry a new one are obliged to prove that their former marriage has disappeared or has been declared invalid.
(3) Where the measure of the required document is linked to a difficult to overcome obstacle, the engagement may be waived.
Marriage is concluded in a public and solemn manner in the presence of two witnesses. Outside the office of the local national committee, marriage can only be done for serious reasons.
If the life of the fiancé is directly threatened, the marriage may be concluded before any local national committee and there is no need to produce any other documents. However, even in such a case, they are obliged to declare that they are not aware of the circumstances which would exclude the intended marriage.
(1) For serious reasons, a declaration by the fiancé to marry may be authorised by his agent.
(2) The full power must be given in writing and the person with whom the marriage is to be concluded must be clearly marked in it. otherwise the power of attorney is not valid.
(3) An appeal of the power of attorney is effective only if the second fiancé learns of it before making a statement that he is marrying the principal.
Religious wedding ceremonies are allowed; they may, however, be carried out only after the marriage has been concluded under this law.
(1) Marriage cannot be concluded with a married man or a married woman.
(2) The nullity of marriage shall be declared on official duty.
(3) A statement of invalidity of such marriage will not take place if an earlier marriage ceases or is declared invalid.
(1) Marriage cannot be made between relatives in a straight generation, nor between a teacher and an adopted man, as long as the marriage lasts, nor between siblings, nor between persons in a straight generation who are married. For serious reasons, marriage between people in the direct generation of the sister-in-law may be permitted.
(2) The nullity of a marriage between persons related or between the adopter and the adopter shall be declared on an official basis; any of the spouses may request the annulment of the marriage of the members of their families.
(1) Marriage cannot be concluded by a person suffering from a mental disorder or under-developed. The conclusion of a marriage may only be permitted if the person's health is compatible with the nature and purpose of the marriage.
(2) Any husband or wife can apply for annulment here.
(3) However, a statement of invalidity of marriage will not take place if the mental disorder has passed.
(1) Marriage cannot be concluded by a minor. For serious reasons, a minor older than 16 years may be allowed to marry.
(2) The nullity of marriage shall be declared here on official duty or at the request of any spouse.
(3) However, a statement of invalidity of such marriage will not take place if the spouse who was a minor has completed the eighteenth year at the time of the marriage or if the spouse has already become pregnant.
(1) If the marriage has ceased, they cannot be declared invalid. However, if the marriage was concluded with a married man or with a married woman or between persons related to him, his annulment may also be declared on the occasion of his death.
(2) If the proceedings for annulment have already been initiated at the request of the spouse, the annulment of the marriage may be declared after the death of the spouse.
(3) After the death of the husband who filed for annulment, the annulment may also be made if his descendants so request.
In a decision declaring marriage null and void, let it be said whether the spouses - or any of them - did not act in good faith.
(1) Marriage declared null and void shall be deemed not to be closed.
(2) However, provision shall apply mutatis mutandis to the ratio of spouses to the common child and to property ratios between spouses after the annulment of the marriage, as regards the ratio of divorced spouses to the common child and to property ratios between spouses divorced.
The rights and duties of husbands.
In marriage, both men and women have the same rights and obligations. They're bound to live together, be faithful to each other and help each other.
(1) The essential matters of a family established by their marriage are decided by mutual agreement between the spouses. If I fail, the court will decide.
(2) In order to pursue the profession and change the place of employment, none of the spouses needs the consent of the spouse.
(1) In the case of a marriage before the granting authority, the fiancé may agree to continue to be the last name of one of them in common.
(2) If the spouses retain their surnames, they will declare when they marry, which of their surnames will be the surnames of the children of this marriage.
By marriage there shall be marriage between one husband and another's relatives; Even after the marriage is over.
Both spouses are obliged to take care of the needs of a family founded by marriage according to their strengths and according to the ratio of their income and property opportunities. The provision of funds may be balanced partly or entirely by the personal exercise of childcare and the common household.
If one of the spouses gets away with something, it is assumed that the other husband is entitled to act on his behalf on normal matters, in particular to receive ordinary services for him.
(1) Also, the actions of only one husband and wife to procure the usual affairs of the family bind both husbands by the hands of one and the other.
(2) However, for important reasons, the court may, at the request of one spouse, state that the conduct of the other spouse does not have that legal effect. If the circumstances change, such a statement may be deleted.
(3) The exclusion of a joint commitment against another person is effective only if it is known.
(1) A property acquired by any spouse during the term of marriage - except for what he obtains by inheritance or gift, and what serves his personal needs or the pursuit of his profession - constitutes his acquired property.
(2) The assets acquired by both spouses are common assets to them (the statutory property community).
The usual management of the assets belonging to the legal property community may be carried out by each spouse himself; However, if it is a matter which goes beyond the normal administration, it needs the consent of a second husband.
A creditor of only one of the spouses can also heal against the assets belonging to the legal property community.
(1) At the request of any of the spouses, the court may, for serious reasons, abolish the legal community of property.
(2) The legal community of property shall cease to exist as soon as one of the spouses is deprived of his or her right to be married.
(1) As soon as the legal community has ceased to exist, the co-ownership provision shall apply mutatis mutandis for the assets belonging to it.
(2) The shares of spouses are equal.
In the distribution of assets belonging to the legal property community, each of the spouses shall be obliged to replace what was spent on his property, which is not in the community. What one of the spouses has spent on his own wealth, he will be replaced at his request.
(1) The share of the property belonging to the legal community of property may be withdrawn from the divorce husband, at the request of the innocent spouse, if he has not contributed at all, or may be reduced to the extent that he has done so. If both spouses are guilty of divorce, the court shall, at the request of either of them, adjust their shares in such a way that the ratio of the shares corresponds to how they agreed to acquire the joint capital.
(2) In determining the degree of involvement, account shall also be taken of whether one of the spouses has personally taken care of children and a common household.
(3) If marriage is declared invalid and is not entered into by one or both spouses in good faith, the provisions of the preceding paragraphs shall apply mutatis mutandis.
(1) The spouses may agree that the extent of the wealth will be different to that of the legal community. Joint equity management can also be modified by the Convention in a different way than the law. In the same way, the legal community may reserve the property until the date of termination of the marriage.
(2) Forms of registration are required for the validity of such matrimonial property conventions.
(3) To another person, spouses can only appeal to such a convention if they are known to them.
Divorce.
(1) If, for important reasons, there is a deep and lasting divorce between husbands, the husband may request that the marriage court be dismissed by divorce.
(2) If they have underage children, marriage cannot be abolished by divorce if it is contrary to the interests of children.
(3) Marriage cannot be abolished by divorce if the husband who has solely caused the divorce so requests, unless the other spouse gives his consent to the divorce.
(4) However, even without such consent, the court, having regard to the company's interest, may terminate the marriage by divorce in exceptional cases if the spouses have not lived together for a long time.
(1) In the decision by which marriage is divorced, it is also stated whether the spouses - or which of them - are guilty of divorce.
(2) Since the plea of guilt, be abandoned if both husbands ask for it.
In the decision to divorce the marriage of the parents of a minor child, the rights and obligations of the parents of the parties to the child and of his or her property for the period after the divorce must also be regulated.
The spouse who has accepted the surname of the second husband may, within 15 days of the divorce, notify the authority responsible for holding the matrices that he is again receiving his former surname.
(1) If a divorced husband who is not guilty of divorce is not able to satisfy his own personal needs, he may ask the other husband, if he is also innocent, to pay him according to his means of employment and property.
(2) If both spouses are guilty of divorce, the court may also grant the payment to the guilty spouse.
(3) The right to claim the payment of personal needs shall cease to be the death of the husband liable for payment, unless he has previously been recognised or granted by the court. A husband who has the right to payment loses them once he's married again.
Parents and children.
General provisions.
Parents take care of the physical and mental development of children, in particular care for their nutrition and education in such a way as to be prepared to contribute their work, according to their abilities and affections, to the benefit of society.
(1) Children have a common parent name or one of them.
(2) If parents have different surnames and not a child whose surname must be determined by an agreement between their parents when they are married, it is up to them to agree whether the child will have the surname of the father or mother. It shall notify its agreement to the authority responsible for conducting the matrices.
(3) If the parent fails to assess the child's surname or if none of the parents is known, the court shall determine the child's surname.
(1) If parents marry after the birth of their child, the child shall bear a surname intended for their other children.
(2) When marriage is made by the mother of a child whose father is not known, the spouses may declare in agreement with the authority responsible for carrying the surname for their other children that the child will also bear.
The name of the child may not change under the previous provisions once the child has acquired maturity.
(1) Both parents are equally obliged to care for the child's nutrition and education. The provision of means for the maintenance and education of the child may be compensated in part or in full by the personal exercise of childcare.
(2) The obligation to feed lasts unless the child is able to feed himself.
(1) A child who has income from his or her own work and lives in the same household as his or her parents is obliged to contribute, if necessary, to family nutrition.
(2) A child who is in and lives with parents' nutrition is obliged to help at home.
Both agreements and court decisions on child nutrition and education can be changed if the circumstances change.
Paternity findings.
(1) Where a child is born between the time of the marriage and the end of the third 100 day following the death of the marriage or after the marriage has been declared invalid, the father of the mother's husband shall be deemed to be the father.
(2) If a child is reborn to a woman remarried, a later husband shall be considered a father, even if the child was born before the expiry of the 100th day after her former marriage had ceased or was declared invalid.
Otherwise, a man who accepts fatherhood or whose fatherhood is found by a court shall be considered a father.
(1) Fatherhood can only be recognised with the consent of the mother if she is alive. A mother's consent is not necessary if she is completely deprived of her powers or if the measure of her consent is linked to a difficult obstacle.
(2) The recognition of paternity is made by a statement before a court or a body in charge of the manuals.
Fatherhood can also be recognised as an unborn child, if it is already conceived.
A man who has acknowledged fatherhood can only deny it if he has not begotten the child and until six months have passed since he has acknowledged fatherhood.
(1) If paternity is not recognised, both the child and the mother may ask that the paternity be found in court.
(2) A father is considered to be a man who spent less than one hundred days with the mother of the child when the child was born.
(3) If the alleged father is no longer alive, a request for paternity is made against his guardian, who shall be appointed by the court for the case.
(1) A mother's husband may, within six months of knowing that his wife had a child, deny in judgment that he is his father.
(2) If the spouse is wholly deprived of the right to a mental illness which arose before the end of the period of detention, the paternity may be denied by his legal representative within six months of the date on which he becomes aware of the birth of the child, or if he was aware of his birth earlier, within six months of his provision.
(1) Where a child is born between one hundred and eighty days after the conclusion of the marriage and three hundred days after the marriage has ceased or has been declared invalid, paternity may be denied only if the spouse of the mother is excluded from being the father of the child.
(2) If a child is born one hundred eighty days ago after the marriage, it is sufficient that a mother's husband does not consider himself a father, if he denied his paternity in court, unless he or the child's mother was involved in a period from which he or she had not passed less than one hundred and eighty and more than three hundred days, or if he or she knew that she was pregnant at the conclusion of the marriage.
The husband has a right to the child and the mother, if they are both alive; If there is no child, no mother, no mother, no child. If neither the child nor the mother are alive, the husband does not have that right.
Also, a mother can deny within six months of the birth of a child that her husband is the father of a child. The provisions on the husband's right of defence apply here mutatis mutandis.
Parental power.
Teenage children are in parental power.
Parental power includes, in particular, the rights and obligations of parents to manage children's actions, represent children and manage their property. Let it be done as the interests of children and the benefits of society require.
If this requires an interest in the proper exercise of parental power, each parent can call the authorities.
(1) Parental power belongs to both parents.
(2) If one of the parents is not alive, is not known or is not arbitrary, parental power belongs to the other. The same applies if one of the parents is deprived of parental power or if his parental power is still.
(3) A decision on the parental power of a father who has been found to be judicial shall be taken by the court.
If neither parent or parent has the parental power of both parents, a guardian shall be appointed to the child.
(1) Any parent may represent a child under the parental power of both parents.
(2) However, none of the parents can represent the children who are in their parental power if they are dealing with legal proceedings between children themselves or with legal proceedings between even one of the children and even one of the parents, unless it is a legal act which is solely for the benefit of the child. The same applies where proceedings are brought before a court or before an Office.
(3) If no parent can represent the child, the guardian appointed by the court will represent the child.
(1) The property of the child is the responsibility of the parents to manage with the care of the proper economy. If the case goes beyond normal sound management, parents may not act without the approval of the court.
(2) The proceeds of the child's wealth serve the maintenance and upbringing of the child and of his siblings who are brought up together with him; If there is anything left, it will be used for other justified needs of the family.
Once the child reaches maturity, his parents will hand over the property they were managing. They are only required to issue a number of ordinary assets and only if they apply for the child within a year of the end of administration.
If parents do not fulfil their parental responsibilities properly, the court shall take appropriate measures; in particular, may impose restrictions on parents or any of them, such as those of the guardian, and, if necessary, entrust the management of the child's assets to the guardian.
(1) If parents cannot exercise parental power only temporarily for an obstacle, the court can leave parental power in peace.
(2) If the exercise of parental power is affected by a permanent obstacle, if parents abuse or neglect their parental power, the court shall deprive them of parental power.
Contents
HLAVA PRVÁ.
Část první.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
Část druhá.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
Část třetí.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
HLAVA DRUHÁ.
Část první.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
§ 40.
§ 41.
Část druhá.
§ 42.
§ 43.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
§ 50.
§ 51.
Část třetí.
§ 52.
§ 53.
§ 54.
§ 55.
§ 56.
§ 57.
§ 58.
§ 59.
§ 60.
§ 61.
§ 62.
Část čtvrtá.
§ 63.
§ 64.
§ 65.
§ 66.
§ 67.
§ 68.
§ 69.
§ 69a.
Část pátá.
§ 70.
§ 71.
§ 72.
§ 73.
§ 74.
§ 75.
§ 76.
§ 77.
HLAVA TŘETÍ.
§ 78.
§ 79.
§ 80.
§ 81.
§ 82.
§ 83.
§ 84.
§ 85.
§ 86.
§ 87.
§ 88.
§ 89.
§ 90.
§ 91.
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Regulation Information
| Citation | Act No. 265 / 1949 Coll., on Family Law |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1949 |
|---|---|
| Effective from | 01.01.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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