Act No. 91 / 1998 Coll.
Act amending and supplementing Act No. 94 / 1963 Coll., on Family, as amended, and amending and supplementing other laws
Valid
Effective from 01.08.1998
91
THE LAW
of 3 April 1998
amending and supplementing Act No. 94 / 1963 Coll., on Family, as amended, and amending and supplementing other laws
Parliament has decided on this law of the Czech Republic:
Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 160 / 1993 Coll., Act No. 117 / 1994 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1994 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll.
1. Paragraph 74 (4) of the first sentence reads: "The decision on the application for interim measures under Article 76a shall be taken by the competent district court which is responsible locally for the district (s) of the applicant."
(2) Paragraph 113 (1) shall be deleted and paragraph numbering shall be deleted.
3. In the second sentence of Paragraph 142 (1), the word "prosecutor 'shall be replaced by" Attorney General'.
4. In Article 176 (1), the words "restrictions or waivers of parental rights' shall be replaced by the words" recognition, restriction or waiver of parental responsibility or suspension of parental responsibility '.
5. In Article 181 (1), the following shall be inserted after the word "parents':
6. Article 181 (2) and (3), including Notes No 37) and (38), read:
"(2) Where a court in whose proceedings parents and children are involved decides that the consent of the parents of the adopted child is not required for adoption, although they are its legal representatives, 37) the parents of the adopted child are not parties to the adoption proceedings.
(3) The parents of the adopted child are not parties to the adoption proceedings if:
(a) are deprived of parental responsibility; or
(b) they do not have full legal capacity; or
(c) have given prior consent to the adoption without relation to certain adopters. 38)
37) Article 68 (1) of Act No. 94 / 1963 Coll., as amended by Act No. 132 / 1982 Coll.
38) § 68a of Act No. 94 / 1963 Coll. '
7. Paragraph 181 is added to paragraph 4:
"(4) The recipient's spouse shall not be a party to the proceedings unless his consent is required to be adopted. ';
8. Paragraph 238 (2) (b) reads as follows:
"(b) in cases governed by a family law, unless it is a judgment on the limitation or waiver of parental responsibility or the suspension of the exercise of parental responsibility, the determination (denial) of paternity or maternity or the irrevocable adoption.";
Act No. 117 / 1995 Coll., on State Social Aid, 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 Articles 24 (1) and 25 (1), "1,40" is replaced by "1,60."
Article 43 (2) reads as follows:
"(2) If the guardian looks after the child in person, the guardian and the child are entitled to benefits under § 37 to 42. '
Transitional provisions
1. The spouse who has accepted the surname of the second spouse before the law is effective may, until 31 December 1998, notify the Registry that he will use the surname and, in second place, give the previous surname.
2. Things which, on 1 August 1998, constituted the joint ownership of the spouses, become part of the joint capital of the spouses. Claims and debts which arose before 1 August 1998 and which are considered to be part of the joint venture of spouses under this law shall become part of it. If other regulations refer to the joint ownership of spouses, this means the joint equity of spouses.
3. The guardians of the provisions laid down in Section 78 of the Family Act shall be regarded as guardians with the rights and obligations listed here as from 1 August 1998. Where other provisions refer to guardianship and guardians under Section 78 of the Family Act, this is understood to mean, according to the nature of the matter, custody and guardians.
4. Churches and religious societies entitled within the meaning of Article 3 (1) of the Family Act are churches and religious societies which are registered under Act No. 308 / 1991 Coll., on freedom of religious faith and the status of churches and religious societies.
5. The provisions of this Act also govern legal relations arising before 1 August 1998; However, the existence of such legal relations, as well as the rights and obligations arising from them until 31 July 1998, shall be assessed in accordance with existing rules.
The President of the Chamber of Deputies is hereby authorised to declare in the Collection of Laws of the Czech Republic the full text of Act No. 94 / 1963 Coll., on the Family, as is apparent from later regulations.
Efficacy
This Law shall take effect on 1 August 1998, with the exception of Article VI (1), which shall take effect on 1 July 1998.
Zeman v. r.
Havel v. r.
Tošovský v. r.
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Regulation Information
| Citation | Act No. 91 / 1998 Coll., amending and supplementing Act No. 94 / 1963 Coll., on Family, as amended, and amending and supplementing other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.1998 |
|---|---|
| Effective from | 01.08.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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