Act No. 94 / 1963 Coll.

Family law

Valid Effective from 01.04.1964
Contents
ČÁST PRVNÍ Hlava první § 1 § 2 § 3 § 4 § 4a § 4b § 4c § 5 § 6 § 7 § 8 § 9 § 10 Hlava druhá § 11 § 12 § 13 § 14 § 15 § 15a § 16 § 17 § 17a Hlava třetí § 18 § 19 § 20 § 21 Hlava čtvrtá § 22 Hlava pátá § 24 § 24a § 24b § 25 § 26 § 27 § 28 § 29 ČÁST DRUHÁ Hlava první § 31 § 32 § 33 § 34 § 35 § 36 § 37 § 37a § 37b § 38 § 39 § 40 Hlava druhá § 42 § 43 § 44 § 45 § 45a § 45b § 45c § 45d § 46 § 47 § 49 § 50 Hlava třetí § 50a § 51 § 52 § 53 § 54 § 55 § 56 § 57 § 58 § 59 § 60 § 61 § 62 § 62a Hlava čtvrtá § 63 § 64 § 65 § 66 § 67 § 68 § 68a § 68b § 69 § 69a § 70 § 70a § 71 § 72 § 73 § 74 § 75 § 76 § 77 Hlava pátá § 78 § 79 § 80 § 81 § 82 § 83 § 84 ČÁST TŘETÍ Hlava první § 85 § 85a § 86 § 87 Hlava druhá § 88 § 89 § 90 Hlava třetí § 91 Hlava čtvrtá § 92 § 93 § 94 Hlava pátá § 95 Hlava šestá § 96 § 97 § 98 § 99 § 101 § 103 ČÁST ČTVRTÁ § 104 § 104a § 104b § 105 § 106 § 107 § 108 § 109
94
Family law
of 4 December 1963
The National Assembly of the Czechoslovak Socialist Republic decided on this
family laws

ČÁST PRVNÍ

MAINTENANCE

Hlava první

_
§ 1
(1) Marriage is a permanent community of men and women established by law.
(2) The main purpose of marriage is to establish a family and to raise children properly.
§ 2
A man and a woman who want to marry each other (hereinafter referred to as "the fiancé") are to know each other in advance of their character characteristics and their state of health so that they can establish a marriage that meets their purpose.
§ 3
(1) The marriage is concluded by a free and full declaration of consent by a man and a woman to enter into marriage together before the municipal office responsible for leading the matrices or, where appropriate, by the office performing his duties (hereinafter referred to as the "Matrimonial Office") or before the institution of the church or religious society authorised for that purpose by a special regulation.
(2) The statement shall be made publicly and ceremonially in the presence of two witnesses.
§ 4
Civil marriage
(1) The declaration of marriage shall be made by the fiancé before the mayor, vice-mayor or authorised member of the council of the municipality, the city of the capital of Prague, the urban districts or the urban areas of the subdivided statutory cities which are the matrix office.
(2) A marriage declaration may also be made before the mayor or vice-mayor of the municipality, the city of the capital of Prague, the urban districts or the urban areas of the territorial subdivided statutory cities which are not a matrix office, if one of the bridesmaids is registered for permanent residence in its administrative district. The declaration of marriage may also be made before the mayor of the capital city of Prague, the deputy mayor of the capital city of Prague or an authorised member of the council of the capital city of Prague, as well as before the mayor of the statutory city, the deputy mayor of the capital city or an authorised member of the council of the statutory city.
(3) The declaration of marriage referred to in paragraphs 1 and 2 shall be made in the presence of a staff member of the local authority responsible.
(4) Marriage shall be concluded at a place designated by the Office referred to in paragraph 1 or 2 for the holding of ceremonies. In any appropriate place, marriage may be allowed by the matrix office in whose administrative district that place falls.
(5) If the fiancé's life is directly threatened, marriage can be arranged in front of any municipal office.
Church marriage
§ 4a
(1) The declaration of marriage shall be made by the fiancé before the competent authority of the Church, in the presence of a person authorised by the competent church or religious society. 1)
(2) Marriage is concluded at a place designated by the regulations of the church or religious society for religious ceremonies or religious acts.
(3) If the fiancé's life is directly threatened, marriage can be arranged in any place.
§ 4b
(1) The conditions for the conclusion of a marriage laid down by this law also apply to the church marriage.
(2) A religious marriage may be concluded only after the fiancé has submitted a marriage certificate issued by the competent authority of the Member State from which it has not been issued for more than three months that he has complied with all the requirements of the law for the conclusion of a valid marriage.
(3) The authority of a publicly registered church, or a religious society prior to the conclusion of a marriage, is obliged, within 3 working days of the conclusion of the marriage, to deliver a protocol for the conclusion of a marriage, stating the facts in accordance with the special legislature2) to the competent authority in whose administrative district the marriage was concluded.
§ 4c
Marriage concluded by citizens of the Czech and Slovak Federal Republic during the period from 1 January 1950 until the entry into force of this Act in ecclesiastical form abroad under the law in force at the place of marriage, are valid under Czechoslovak law.
§ 5
A citizen of the Czech Republic may also marry abroad before the representative office of the Czech Republic authorised to do so by a special regulation. 3a)
§ 6
(1) Fibres are required to submit the prescribed documents, (3b) and declare that they are not aware of the circumstances excluding the conclusion of a marriage, that they know each other's health and that they have considered adjusting future property relations, the arrangement of future housing and the material provision of the family after the conclusion of the marriage.
(2) Those who wish to marry again are obliged to prove that their former marriage has disappeared or has been declared invalid. A person who has previously entered into a registered partner3c) or similar union of same-sex persons abroad (hereinafter referred to as "partnership ') shall be required to demonstrate that such partnership has ceased or has been declared invalid.
(3) The Registry may waive the presentation of the documents provided for if their action is accompanied by a difficult obstacle.
§ 7
(1) 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 such a case, however, the fiancé must state that they are not aware of the circumstances which would exclude the conclusion of a marriage.
(2) In the case referred to in paragraph 1, the captain of a ship flying the flag of the Czech Republic, the captain of an aircraft registered in the Czech Republic and the commander of a military unit of the Czech Republic abroad may accept a declaration abroad.
§ 8
(1) Fibres are required to declare in agreement when they marry before the Matrix Office or the competent authority of the Church whether the surname of one of them will be common or whether they retain their surname or whether, together with the surname of the same, one of them will use it and, in second place, indicate the surname of the former; if the previous surname was composed of two surnames, only one of them may be used and reported in second place.
(2) If they retain their previous surnames, they shall declare which surname shall be the surname of the common children.
§ 9
(1) For important reasons, the Regional Office or the Municipal Office of the Municipality with extended competence, in the capital city of Prague and in the cities of Brno, Ostrava and Plzeň the Magistrates of these cities may allow the declaration of one of the fiancé's marriage to be made by his representative. The power of attorney must be written and the signature must be officially verified. The second fiancé with whom marriage is to be made must be marked precisely in it, otherwise marriage will not be created.
(2) The appeal of power of attorney is effective only if the other fiancé finds out about it before making a statement that he's entering a marriage.
(3) Written powers include:
(a) the name and, where applicable, the name, surname and, where applicable, surname, date and place of birth, birth numbers and permanent residence of the spouses and the representative;
(b) a statement of the surname of the spouses and their common children, male and female,
(c) a statement that the principal is not aware of the circumstances which would exclude the conclusion of a marriage and that he is aware of the state of health of the second fiancé and that he has considered adjusting future property relations, the arrangement of future housing and the material provision of the family after the conclusion of the marriage.
(4) Only an adult natural person who is not deprived of legal capacity whose legal capacity is not restricted and who is of the same sex as the fiancé he represents may be a representative of the fiancé.
§ 10
(1) If a civil marriage has been concluded, subsequent religious ceremonies have no legal consequences.
(2) If a church marriage has been concluded, a civil marriage cannot subsequently be concluded.

Hlava druhá

INVALIDITY AND NON-EXISTENCE OF MAINTENANCE
§ 11
(1) Marriage cannot be concluded with a married man or a married woman or with a person who has entered into a partnership, if the partnership continues; the nullity of the marriage will be declared by the court of its own motion.
(2) An annulment will not take place and such marriage will become valid as soon as the former marriage has ceased or has been declared invalid or as soon as the former partnership has ceased or has been declared invalid.
§ 12
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.
§ 13
(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.
§ 14
(1) Marriage cannot be concluded by a person deprived of legal capacity.
(2) A person whose legal capacity is restricted may marry only with the permission of the court.
(3) Marriage cannot be concluded by a person suffering from a mental disorder which would result in the restriction or withdrawal of legal capacity. However, the Court of First Instance may allow a person who is affected by a mental disorder which would result in a restriction of legal capacity to marry if the state of health of the person is compatible with the purpose of the marriage.
(4) Where a marriage is concluded by a person deprived of legal capacity or a person suffering from a mental illness which would result in the removal of legal capacity, the court shall, on its own motion, declare the marriage null and void.
(5) Where a marriage is concluded by a person whose legal capacity is restricted, or by a person affected by a mental illness, which would result in a restriction of legal capacity, without the authorization of the court, the court will declare the marriage nullified on the application of any of the spouses. The annulment of the marriage shall not be declared by the court if the state of health of the spouse has become compatible with the purpose of the marriage.
§ 15
(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.
§ 15a
(1) Marriage is null and void if a marriage declaration has been made as a result of an unjustified threat or error concerning the identity of one of the fiancé or the nature of the legal act of the marriage. The court shall declare the marriage null and void on the application of any of the spouses.
(2) The right of the spouse to nullify the marriage referred to in paragraph 1 shall expire one year after the date on which he became aware of the facts.
§ 16
(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.
§ 17
(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.
§ 17a
(1) Marriage shall not arise if a man or woman has been forced by physical force to declare marriage.
(2) Marriage shall not arise if it has been concluded by a minor under 16 years of age.
(3) Marriage shall not arise if the conditions set out in Sections 4a (1), 4b (2) and 9 are not complied with.

Hlava třetí

RELATIONS BETWEEN MANGELS
§ 18
A man and a woman have the same rights and obligations in marriage. They are bound to live together, be faithful to each other, respect each other's dignity, help each other, take care of children together and create a healthy family environment.
§ 19
(1) Both spouses are obliged to take care of the needs of the family according to their abilities, possibilities and property conditions.
(2) The provision of cash and other funds at the expense of the common household may be fully or partly balanced by personal care of the common household and children.
(3) If one of the spouses does not fulfil his obligation to cover the costs of the common household, the court shall decide on the proposal of the other spouse in the matter.
§ 20
Family matters are decided together. If essential matters are not assessed, the court shall decide on the application of one of them.
§ 21
(1) The spouse is entitled to represent the other spouse in his normal affairs, in particular to receive normal transactions for him, unless otherwise provided for in the specific regulation.
(2) The actions of one husband to procure the normal affairs of the family bind both husbands jointly and severally.
(3) The provisions of paragraphs 1 and 2 shall not apply where another person has been aware that the other spouse has explicitly ruled out such effects against him.

Hlava čtvrtá

_
§ 22
(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.

Hlava pátá

DISTRIBUTION
§ 24
(1) The Court of First Instance may, on application by one of the spouses, divorce a marriage if the marriage is so deeply and permanently broken that it is not possible to expect the marriage to be reunited; taking into account the causes of the break-up of marriage.
(2) If they have underage children, marriage cannot be divorced, if this would be contrary to the interests of these children, given specific reasons.
§ 24a
(1) If the marriage lasted at least one year, the spouses do not live together for at least six months and the other spouse joins the divorce application, the conditions laid down in Paragraph 24 (1) shall be deemed to be fulfilled. The court does not detect the causes of the uproar and divorce the marriage if they are submitted
(a) written contracts with officially certified signatures of participants governing the settlement of mutual property relations, the rights and obligations of joint housing and any maintenance obligation for the period after the divorce; and
(b) a final decision by the court to approve an agreement on arrangements for the status of minor children after divorce.
(2) Paragraph 24 (2) applies mutatis mutandis.
§ 24b
(1) A proposal for a divorce with which the spouse who was not primarily involved in the dissolution of a marriage in violation of marital obligations and to whom divorce would have been caused by a particularly serious harm will not be accepted by the court if exceptional circumstances testify to the maintenance of the marriage.
(2) However, if the spouses do not live together for more than three years, the court will divorce the marriage if the conditions of § 24 are met.
§ 25
Marriage cannot be divorced until a decision on the arrangements for the status of minors for the post-divorce period issued by a court in proceedings under Paragraph 176 of the Civil Code has become final.
§ 26
(1) Before a decision concerning the divorce of the marriage of the parents of a minor child, the court shall adjust their rights and obligations to the child for the period after the divorce, in particular to determine to whom the child is to be entrusted and how each of the parents is to contribute to its nutrition.
(2) If both parents are fit to raise the child and have an interest in raising the child, the court may entrust the child to the joint or alternating education of the two parents, if it is in the interests of the child and if its needs are better ensured.
(3) The decision to regulate the exercise of parental responsibility may be replaced by an agreement between parents, which requires the approval of a court for its validity.
(4) When deciding to entrust a child to parent education, the court shall, in particular, monitor the interest of the child in terms of his or her personality, in particular his or her talents, abilities and developmental possibilities, and in relation to the living conditions of the parents. It shall ensure that the child's right to care for both parents and to maintain regular personal contact with them and the right of the second parent to whom the child will not be entrusted to have regular information about the child. The Court of First Instance shall also take into account the emotional orientation and background of the child, the educational capacity and responsibilities of the parent, the stability of the future educational environment, the ability of the parent to agree on the raising of the child with the second parent, the emotional connection of the child to siblings, grandparents and other relatives, as well as physical security by the parent, including housing conditions.
(5) The Court of First Instance will always take into account who, in addition to proper childcare, has taken care of his or her upbringing in an emotional, reasonable and moral way.
§ 27
(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 and family circumstances. Obstruction of a legitimate parent in contact with a child, if repeatedly unfounded, shall be deemed to require a new decision on the educational environment.
(3) Where necessary in the interests of the child, the court shall restrict or prohibit the contact of the child with the parent.
(4) If the interest of the child and family circumstances so require, the court may regulate the child's contact with grandparents and siblings.
§ 28
If the circumstances change, the court may also amend, without a draft decision or parent agreement, the exercise of their parental rights and duties.
§ 29
A spouse who has taken the surname of a second spouse may, within one month of the legal authority, notify the divorce decision to the Office that he is again receiving his former surname or that he is abandoning the use of the common surname in addition to the former.

ČÁST DRUHÁ

RELATIONS BETWEEN FAMILY AND KIDS

Hlava první

_
§ 31
(1) Parental responsibility is a summary of rights and obligations
(a) in the care of a minor child, including in particular care for his or her health, physical, emotional, rational and moral development;
(b) representing a minor;
(c) in the management of his assets.
(2) In exercising the rights and obligations referred to in paragraph 1, parents shall be required to protect the interests of the child in a consistent manner, to manage and supervise the conduct of the child, appropriate to the degree of development of the child. They have the right to use adequate means of education without prejudice to the dignity of the child and in any way to his or her health, physical, emotional, rational and moral development.
(3) A child who, in view of the degree of his or her development, is able to establish his or her own opinion and to assess the scope of the measures relating to him or her, has the right to receive the necessary information and to express himself or herself freely on all decisions of his or her parents concerning the essential matters of his or her person and to be heard in any procedure in which such matters are decided.
(4) A child living in the same household with parents is obliged to help them according to his ability. It shall also be obliged to contribute to the payment of the family's common needs if it has its own income or assets that can be used for the family's common needs.
§ 32
(1) Parents have a crucial role to play in raising children.
(2) Parents should be an example of their children by their personal life and behaviour.
§ 33
A husband who is not a parent of a child is also involved in raising a child, provided he is living with him in the same household.
§ 34
(1) Parental responsibility belongs to both parents.
(2) If one parent does not live, is not known or has no legal capacity in full, parental responsibility shall lie with the other parent. The same applies if one of the parents is relieved of parental responsibility or suspended from exercising his parental responsibility.
(3) The Court of First Instance may grant parental responsibility in relation to the care of both the child and the minor parent of a child who has reached the age of 16 years, provided that they have the necessary conditions for exercising the rights and obligations arising from parental responsibility.
§ 35
A child is obliged to honor and respect his parents.
§ 36
(1) Parents represent the child in legal acts to which he is not fully eligible. 5)
(2) If paternity is denied, the legal acts of a father as legal representative remain unaffected.
§ 37
(1) None of the parents can represent their child if they are legal acts in matters where there could be a conflict of interest between parents and children or a conflict of interest between the children of the same parents.
(2) 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. As a general rule, this guardian shall provide for a body which exercises the social protection of children (hereinafter referred to as the "social protection of children ').
§ 37a
(1) The child's wealth is the responsibility of parents to manage with the care of a proper housekeeper.
(2) The proceeds of the child's property can be used first for its own nutritional purposes and then for the family's needs. The property nature may be affected only if it would result in non-fault by the maintenance of persons who are obliged to have a gross mismatch between the ratios of the minor and those of the compulsory.
(3) Once the child reaches maturity, the parents will hand over the fortune they were managing. They shall be required to file a balance sheet from the management of the assets if they request the child within one year of the end of the administration. The rights of the child from liability for damage and unfounded enrichment remain unaffected.
§ 37b
(1) In justified cases where the property interests of the child could be jeopardised, the court for increased protection of his or her estate shall establish a guardian. A guardian may be appointed by a natural person who has full legal capacity, in a way of life guarantees the proper performance of that function in the interests of the child and agrees with the provisions of the guardian.
(2) If a natural person cannot be appointed guardian, the court will normally appoint a child protection body.
(3) The Court of First Instance will determine the extent of the assets to be managed by the guardian with the care of the proper economy. At the same time, it shall determine the way in which the parts are to be handled or not. In particular, it shall provide for the exercise of ownership and other rights in kind and intellectual property rights, the exercise of rights in securities and obligations.
(4) The caretaker shall not act in the management of the assets which are associated with a disproportionate risk.
(5) The guardian is subject to judicial supervision. The Court of First Instance shall, according to the circumstances of a particular case, make the legal act of the guardian conditional upon its agreement and determine the obligation to report regularly on the management of the child's assets.
(6) The guardian shall submit to the court the final account of the management of the child's assets no later than two months after the end of his duties.
(7) The caretaker shall be entitled to reimbursement of the necessary expenses associated with the management of the assets and to reasonable remuneration for the proceeds of the child's assets. The amount of the remuneration shall be determined by the court.
(8) The guardian is responsible for the breach of the obligations referred to in paragraphs 3 and 4 under the general rules on compensation.
§ 38
(1) Children have a common parent's name or the name of one of them, as determined by the marriage agreement.
(2) If there is a child whose surname has not been so determined and whose parents have different surnames, the parents shall agree on the surname of the child and notify the Registry.
(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.
§ 39
(1) If parents marry after the birth of their child, the child will have a surname intended for their other children.
(2) If marriage is made by the mother of a child whose father is not known, the spouses may agree before the Registry that the surname intended for their other children will also have that child.
§ 40
The name of the child may not change under the previous provisions once the child has acquired maturity.

Hlava druhá

Education measures
§ 42
Only a court can take measures limiting parental responsibility.
§ 43
(1) If this requires an interest in the proper upbringing of the child and if the institution does not do so, the court may decide on an educational measure under the Social Protection Act 13).
(2) The Court of First Instance shall monitor compliance with the educational measure which it has decided and shall evaluate its effectiveness, as a general rule, in cooperation with the social protection body of children and, where appropriate, other persons.
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Regulation Information

CitationAct No. 94 / 1963 Coll., on Family
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation13.12.1963
Effective from01.04.1964
Effective until-
Status Valid
The regulation text is for informational purposes only.

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