Full text of Act No. 66 / 1983 Coll.
Family Act (full text as follows from amendments and additions made by the Act of 10 November 1982 No 132 Coll.)
Valid
Contents
Článek I
Článek II
Článek III
Článek IV
Článek V
Článek VI
Článek VII
ČÁST PRVNÍ
Hlava první
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
Hlava druhá
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
Hlava třetí
§ 18
§ 19
§ 20
§ 21
Hlava čtvrtá
§ 22
Hlava pátá
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
ČÁST DRUHÁ
Hlava první
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
Hlava druhá
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
Hlava třetí
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
Hlava čtvrtá
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
Hlava pátá
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
ČÁST TŘETÍ
Hlava první
§ 85
§ 86
§ 87
Hlava druhá
§ 88
§ 89
§ 90
Hlava třetí
§ 91
Hlava čtvrtá
§ 92
§ 93
§ 94
Hlava pátá
§ 95
Hlava šestá
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
ČÁST ČTVRTÁ
§ 104
§ 105
§ 106
§ 107
§ 108
§ 109
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66.
_
Announces
the full text of the Act of 4 December 1963 No 94 Coll., on the family, as is apparent from the amendments and additions made by the Act of 10 November 1982 No 132 Coll.
Family Act
The building of socialism in Czechoslovakia has also been a significant manifestation of the family, marital and personal life of the citizens of our state. The society strives to make the morality of socialist society the basis of all relationships in the family, marriage and children. The protection of marriage, motherhood, family, the interests of all children, as well as the increased care of families with multiple children, is carried out by our entire society.
In order to express these principles in the legal order of the Republic, the National Assembly of the Czechoslovak Socialist Republic agreed on this
family laws
Basic principles
Marriage in our society rests on strong emotional relationships between men and women. They're both equal in it. The main social purpose of marriage is the establishment of a family and proper upbringing of children.
A marriage-based family is a fundamental part of our society that protects family relationships in general.
Motherhood is the most honorable mission of a woman. The company provides motherhood not only with its protection, but also with all care, in particular with the physical support and assistance of the mother and children in their upbringing.
Parents are responsible for the universal mental and physical development of their children and, in particular, for their proper education, so that the unity of family and society's interests is consolidated.
The company ensures the upbringing of children and the satisfaction of their material and cultural needs, takes care of them and protects them through state bodies, social organisations, schools, cultural, educational and health facilities.
All family members have an obligation to help each other and, according to their ability and possibilities, to ensure the raising of the material and cultural level of the family.
In the spirit of these fundamental principles, the provisions of this law and the rights and obligations laid down therein must be applied.
MAINTENANCE
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Marriage is concluded on the basis of a voluntary decision by a man and a woman to create a harmonious, firm and lasting life community.
Citizens who want to marry each other have a prior knowledge of their character characteristics and their state of health in order to establish marriages that fulfil their social purpose.
The marriage is concluded by a consensual statement by a man and woman before the authority of the state that they are entering a marriage together in a public and solemn manner, in the presence of two witnesses.
(1) The declaration of marriage shall be made by a man and a woman before the local national committee responsible for carrying out the registries in which one of them resides.
(2) The local national committee may, for important reasons, authorise the conclusion of a marriage before another local national committee authorised to lead matrices or at any appropriate place.
(3) If the life of those who want to marry is directly threatened, the marriage can be concluded before any local national committee.
A Czechoslovak citizen can also marry abroad before the institution of the Czechoslovak Socialist Republic to do so.
(1) Citizens wishing to marry are required to submit the documents provided and to declare that they are not aware of the circumstances preventing marriage and that they both know each other's state of health.
(2) Those who wish to marry again are obliged to prove that their former marriage has disappeared or has been declared invalid.
(3) The national committee before which marriage is concluded may forgive the submission of the documents provided for if their measures are associated with a difficult obstacle to overcome.
If the life of the man who wants to marry is directly threatened, there is no need to present the documents otherwise needed to marry him. In this case, however, citizens must state that they are not aware of the circumstances that would exclude marriage.
(1) Citizens are required to declare in agreement, when they marry before the national committee of marriage, whether the surname of one of them will be a common surname or whether they retain their previous surname.
(2) If they retain their previous surnames, they shall declare which surname shall be the surname of the common children.
For important reasons, the District National Committee may allow a citizen's declaration of marriage to be made by his representative. Full power must be given in writing. The citizen with whom marriage is to be made must be clearly marked in it, otherwise marriage will not be created.
Religious marriage ceremonies are not allowed before marriage.
CIRCUMSTANCES EXCLUDING THE CLOSING OF MANJELY
(1) Marriage cannot be concluded with a married man or a married woman; the nullity of the marriage will be declared by the court of its own motion.
(2) A statement of invalidity will not take place and such marriage will become valid once the former marriage has ceased or has been declared invalid.
Marriage cannot be concluded between ancestors and offspring and between siblings; The same is true of the kinship created by the adoption if the adoption continues. The annulment of the marriage will be declared by the court of its own motion.
(1) A minor cannot marry. Exceptionally, if this is consistent with the social purpose of the marriage, the court may, for important reasons, authorise the marriage of a minor older than 16 years. Without such permission, the marriage is invalid and the court will declare its annulment even on its own motion.
(2) However, the statement of invalidity of the marriage will not take place and such marriage will become valid if the spouse who was a minor at the time of the marriage had completed the eighteenth year or if the wife had become pregnant.
(3) A minor under 16 years of age will not be married.
(1) Marriage cannot be concluded by a citizen suffering from mental illness, which would result in a restriction of legal capacity. The court may authorise the conclusion of such a marriage if the citizen's health is compatible with the social purpose of the marriage.
(2) If a citizen who has suffered such a mental disorder without the permission of the court is married, the court shall declare the marriage null and void on the application of any of the spouses. However, a statement of invalidity will not take place and marriage will become valid if the husband's health has become compatible with the social purpose of the marriage.
(1) If the marriage has ceased, they cannot be declared invalid.
(2) If marriage has been made with a married man or a married woman or between ancestors and offspring and between siblings, it shall be declared invalid even after its demise. The same applies to marriages between persons related to adoption.
(1) If the proceedings for annulment of a marriage have already been initiated at the request of one of the spouses, the annulment of the marriage may be pronounced even after the death of the other spouse.
(2) After the death of the husband who filed for annulment of the marriage, the annulment of the marriage may also be declared if his descendants so request within one year of his death.
(1) Marriage declared null and void shall be deemed not to be closed.
(2) The provisions on the rights and obligations of spouses to the common child and on their property ratios after the marriage has been declared invalid apply mutatis mutandis to the rights and obligations of divorced spouses to the common child and to their property ratios.
RELATIONS BETWEEN MANGELS
A man and a woman have the same rights and obligations in marriage. They are obliged to live together, to be faithful, to help each other and to create a healthy family environment.
The satisfaction of the family's needs, founded by marriage, is obligated to care for both spouses according to their abilities and possibilities. Personal care for children and a shared household is also considered to satisfy the needs of the family.
(1) Family matters are decided jointly by the spouses. If essential matters are not assessed, the court shall decide on the application of one of them.
(2) None of the spouses needs the consent of the other spouse to pursue the profession and work.
(1) Each of the spouses is entitled to represent the other spouse in normal matters, in particular to receive ordinary services for him.
(2) The actions of one husband to procure the normal affairs of the family bind both husbands jointly and severally.
(3) This does not apply if the other husband expressly excluded these effects against another person and if this was known to that person.
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(1) Marriage ceases to exist by the death or declaration of one husband dead. If the husband was declared dead, the marriage would cease on the day when the decision to do so would become legal.
(2) If the declaration of death is revoked, there will be no resumption of the lost marriage if, in the meantime, the husband of the deceased has entered into a new marriage.
DISTRIBUTION
(1) State bodies, in cooperation with social organisations and all citizens, are obliged to assist in the consolidation of marriages and families, in particular by preventing causes that could lead to distortions of the strength and endurance of marriage and family relations.
(2) The reckless relationship with marriage is contrary to the interest of the company. Therefore, divorce can be granted only in socially justified cases.
The court may, on the proposal of one of the spouses, divorce the marriage if the relations between the spouses are so seriously disrupted that the marriage cannot fulfil its social purpose. When deciding on a divorce, the court must take particular account of the interests of minors.
The court is obliged to determine the causes which led to a serious dissolution of the marriage. It shall state its findings in the reasons for the decision.
(1) In the decision concerning the divorce of the marriage of the parents of a minor child, the court shall lay down their rights and obligations to the child for the period after the divorce, in particular to determine to whom the child will be entrusted and how each of the parents is to contribute to its nutrition.
(2) The decision to regulate the rights and obligations of parents to a child may be replaced by an agreement which requires the approval of a court for its validity.
(3) When deciding on the rights and obligations of parents or approving their agreement, the Court shall always take into account the most favourable conditions for the successful development of the child in an informed citizen.
(1) A parent-child agreement does not require the approval of a court.
(2) However, the Court of First Instance shall determine the relationship between parents and the child, where this is required by an interest in his education.
(3) Where necessary in the interests of the health of the child, the court shall restrict or prohibit the contact of the child with the parent.
If the circumstances change, the court may also amend, without a draft decision or parent agreement, the exercise of their parental rights and duties.
The spouse who has taken the surname of the second husband may, within one month of the legal authority of the divorce decision, notify the national committee responsible for carrying out the matrices that he is again receiving his former surname.
RELATIONS BETWEEN FAMILY AND KIDS
EDUCATION OF CHILDREN
Children are nurtured in inseparable unity by parents, state and social organisations, especially the Czechoslovak Youth Union and its pioneer organisation.
(1) The leading educational task is to influence the emotional, rational and moral development of children in the spirit of the principles of the morale of socialist society.
(2) Education must be guided in such a way that children receive an ever wider and deeper education, adopt a responsible attitude towards work, and that moral principles such as love for their country, friendship between nations, the protection of social property, the subordination of personal interests to the interests of the whole, voluntary and conscious respect for the rules of socialist coexistence, respect for others, personal modesty, integrity and dedication.
Rights and obligations of parents and children
(1) Parents have a crucial role to play in raising children.
(2) Parents are meant to be an example of their children by personal life, behaviour and relationship to society.
(1) Parents are responsible for all-round development of their children, care for their upbringing, nutrition and manage their behaviour consistently and consistently, so that they grow up to be healthy and informed citizens.
(2) A husband who is not the parent of a child is also obliged to help in raising children, but lives with him in the same household.
(1) Both parents have parental rights and duties.
(2) Parental rights do not belong to those which are not fully eligible for legal acts.
A child living in the same household with his parents shall be obliged to help them according to his ability; if he has income from his own work, he shall also be obliged to contribute to the joint needs of the family.
Parents are entitled and obliged to represent and manage their underage children.
(1) A child may be represented by any parent who is fully eligible for legal action and has not been deprived of his parental rights.
(2) None of the parents can represent their children if they are legal acts involving conflicts of interest between parents and children or between children.
(3) If no parent is able to represent the child, the court shall appoint a guardian to represent the child in proceedings or in a particular legal act.
(1) Children have a common parent's name or the name of one of them, as determined by the marriage agreement.
(2) Where a child whose surname has not been so identified and whose parents have different surnames, the parents shall agree on the surname of the child and notify the national committee responsible for carrying out the matrices.
(3) If the parent fails to assess the child's name or surname or if none of the parents is known, the court shall determine the name or surname.
(1) If parents marry after the birth of their child, the child will have a surname intended for their other children.
(2) If the mother of a child whose father is not known is married, the spouses may, before the national committee responsible for carrying out the matrices, agree that the surname intended for their other children will also have that child.
The name of the child may not change under the previous provisions once the child has acquired maturity.
PARTICIPATION OF THE COMPANY IN THE PERFORMANCE OF THE RIGHTS AND OBLIGATIONS OF THE FAMILY
(1) With the development of society, its impact on the upbringing of growing generations is growing. In doing so, the company shall ensure that parents are able to exercise their rights and obligations properly in raising children.
(2) If the proper exercise of the rights and duties of parents so requires, each of them shall be entitled to call for assistance from the school, the national committee, the court and other state bodies and social organisations.
(1) The interest of society in the proper education of children entitles citizens and social organisations to draw attention to the poor behaviour of children by their parents. Such behaviour of children or serious violations of the rights and obligations of parents may be brought to the attention of citizens and social organisations by a national committee, court or other state body which is then obliged to take appropriate educational measures.
(2) Only a court may take measures restricting parental rights.
(1) The National Committee, in cooperation with parents, school and social organisations, provides favourable conditions for the education, education and all-round development of minors and protects their interests.
(2) If the interest of society in the proper education of children so requires, the national committee may take the following measures:
(a) to warn the minor, his parents and citizens who undermine his proper education, or to ask the social organisation to carry out this measure itself;
(b) establish and carry out supervision of minors for the cooperation of the school, social organisations at the place of residence or at the workplace;
(c) impose restrictions on minors to prevent harmful effects on their upbringing, in particular visits to businesses and entertainment for the minor due to his or her unfit.
(3) Such measures may also be taken by the court; If the national committee does so, they do not need the approval of the court. Only the authority that made them may change or interfere with such measures.
(1) If parents are prevented from exercising their rights and obligations by a serious obstacle and if the interest of society in the proper education of children so requires, the court may limit their parental rights.
(2) If parents do not fulfil their parental rights or obligations properly and the interest of society in the proper education of children so requires, the court shall limit their parental rights.
(3) If parents abuse their rights or seriously neglect their duties, the court shall waive them.
(1) If the interest of the child so requires, the court may entrust the child to the upbringing of a citizen other than the parent if the citizen provides a guarantee of his proper upbringing. In so doing, the court shall determine the scope of its rights and obligations to the child. In this way, the child can also be entrusted to the married couple. The divorce of marriage ceases to exist; If one of the husbands dies, the child remains in the custody of the other husband.
(2) The child can be confided in foster care; the conditions shall be laid down in a separate Regulation.
(3) If the child's upbringing is seriously threatened or seriously impaired and other educational measures have not led to a correction or if, for other serious reasons, parents cannot ensure the upbringing of the child, the court may order constitutional upbringing. If necessary in the interests of the minor, the court may order constitutional education even if other educational measures have not been preceded. For important reasons, the court may extend constitutional education up to one year after maturity.
Where urgently necessary, the national committee shall be obliged to take a provisional measure which it shall have the right otherwise to decide only by a court to which it shall notify it without delay; the court shall decide retrospectively.
The National Committee and the Court shall continuously monitor the implementation of the educational measures taken by them and assess their effectiveness.
Citizens who have been entrusted with the protection of the interests of minors by the national committee or court shall be entitled to visit a minor in an apartment, to ascertain at his place of residence, school or workplace whether he is properly cared for and to examine educational conditions. State bodies, social organisations and parents give them all the help they need.
If the parent fails to assess the essential matters in the exercise of his parental rights and duties, the court shall decide.
(1) If the parents of a minor do not live together, the court shall, on its own motion, adjust their rights and obligations, in particular decide who will be entrusted with the child's education and how each parent is to contribute to its nutrition.
(2) Paragraphs 26 to 28 apply mutatis mutandis.
DETERMINATION OF THE ISSUE
(1) Where a child is born between the date of marriage and the expiry of the third day following the death of the marriage or after his or her declaration of invalidity, 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 third day after her former marriage had ceased or was declared invalid.
(3) In calculating the time that is crucial for the determination of paternity, it is considered that the marriage of the one who was declared dead has died on the day that the death decision was made.
(1) Otherwise, a man whose paternity has been determined by his parents' consent is considered a father.
(2) The parent's unanimous statement must be made before the national committee responsible for the management of the matrix or before a court.
(3) A mother's statement does not need to be made if she cannot assess the importance of her actions for a mental disorder or if the measure of her statement is associated with a difficult to overcome.
The parent can be declared in agreement with the unborn if it is already conceived.
Contents
Článek I
Článek II
Článek III
Článek IV
Článek V
Článek VI
Článek VII
ČÁST PRVNÍ
Hlava první
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
Hlava druhá
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
Hlava třetí
§ 18
§ 19
§ 20
§ 21
Hlava čtvrtá
§ 22
Hlava pátá
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
ČÁST DRUHÁ
Hlava první
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
Hlava druhá
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
Hlava třetí
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
Hlava čtvrtá
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
Hlava pátá
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
ČÁST TŘETÍ
Hlava první
§ 85
§ 86
§ 87
Hlava druhá
§ 88
§ 89
§ 90
Hlava třetí
§ 91
Hlava čtvrtá
§ 92
§ 93
§ 94
Hlava pátá
§ 95
Hlava šestá
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
ČÁST ČTVRTÁ
§ 104
§ 105
§ 106
§ 107
§ 108
§ 109
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Regulation Information
| Citation | Full text of Act No. 66 / 1983 Coll., Family Act (full text as follows from amendments and additions made by Act No. 132 Coll.) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1983 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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