AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

The published articles are subject to peer reviews. If necessary, reviewed texts are sent back to the author for revision.

AUC Iuridica accepts contributions from any contributor on any current legal topic.

The journal is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries).

The journal is archived in Portico.

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We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database SCOPUS. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite SCOPUS database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUC IURIDICA, Vol 56 No 1 (2010), 243–249

Jsou domyšleny všechny souvislosti? (Souhlas rodiče s osvojením není bezproblémový)

[Are All Circumstances Clear? (The Consent of a Parent to Adopt His/Her Child Is not Without Problems)]

Senta Radvanová, Petr Smolík

published online: 04. 02. 2015

abstract

Are All Circumstances Clear? (The Consent of a Parent to Adopt His/Her Child Is not Without Problems) The article deals with legal consequences of withdrawal of consent given by a parent with relation to adoption of his/her child. The present law (act on family nr. 94/1963 Coll. of laws) states clearly that the parent cannot withdraw such his or her consent in case of consent given without specification of the future adoptive parent (in case of “bianco” given consent to adoption) when the child had been already entrusted to the care of the future adoptive parent (upon decision of the office responsible for socially-legal protection of children). We are discussing different legal problemes which occur in such a case, based both on substantial and procedural law. These problems result from application not only basic legislation but they also have important relation to rules of constitutional nature. The procedural part of the article criticises present solution of possible judicial review of abovementioned decision made by the appropriate administrative office. We consider the posibility of two stages of administrative procedure under administative procedural code and of another stage of judicial review upon the fifth part of civil procedural code as impractical. The reason is based on giving emphasis on the neeed of swift and just procedure given by simple judicial procedure guaranteed by court responsible for matters of minors. To ensure such a just and swift procedure, we suggest to replace present four stages of administrative and judicial procedure with a single consent (given by a decision) of the court responsible for matters of minors upon a motion of the appropriate administative office filed after the child had been given to the future adoptive parents. Such a procedure should also guarantee all basic rights of the biological parents of such a child.

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Jsou domyšleny všechny souvislosti? (Souhlas rodiče s osvojením není bezproblémový) is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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