The thesis deals with parentage determination. At present, this issue is becoming more and more topical due to current diversion from traditional values, the traditional model of family in particular. The thesis concerns not only with the determination of paternity, but also with maternity determination, which is mentioned with regard to assisted reproduction and surrogacy. Emphasis is placed on both, current legislation and the new Civil Code coming into effect on 1 January 2014. The thesis is divided into eight chapters. The introduction discusses possible views on the concept of parenthood. Furthermore, it introduces the issue of parentage determination, especially in connection with the increasing number of children born outside marriage. The following chapter is devoted to legislative regulation of parentage determination itself. Firstly, it elaborates the history of such regulations with focus on Roman law and the Austrian Civil Code. Subsequently, it describes the current legislation and briefly comments on the new Civil Code, which is further discussed in the corresponding chapters. The third chapter examines the determination of maternity. Included are the issues of assisted reproduction and surrogacy, as well as anonymous and concealed births, which have become an important topic rather recently....

京都大学 / 0048 / 新制・課程博士 / 博士(理学) / 甲第21334号 / 理博第4430号 / 新制||理||1636(附属図書館) / 京都大学大学院理学研究科生物科学専攻 / (主査)教授 古市 剛史, 教授 湯本 貴和, 教授 髙井 正成 / 学位規則第4条第1項該当 / Doctor of Science / Kyoto University / DGAM

Establishing parentage The subject of this master thesis is the issue of establishing parentage. The thesis targets areas of establishing parenthood, issues of three legal presumptions and last but not least, parenthood denial. The question of establishing maternity is examined mainly from perspectives including surrogate maternity, assisted reproduction method and secret and anonymous delivery. All matters are reviewed based on the valid amendment to Act No. 89/2012 Coll., the Civil Code that has come into effect on 1.1.2014. The goal of the thesis is it to introduce, describe and analyze the new amendment to the Family Act. Further, it aims to compare individual institutions with respect to changes made to the Family Act in the past and those made as a part of the new amendment. The thesis consists of eight key chapters. The initial chapter targets relationships among parents and their children, protection of children's legal rights as well as a child's right to know its biological origin. Following, the second and the third chapters concentrate in depth on legislation of the paternity establishment per se. While the second chapter covers the historical development of the legislation from the ancient Rome era until present, the latter chapter intends to introduce the legislation from domestic,...

The topic of this thesis is the denial of paternity - the interests of a child and its social and biological reality. The origin of this concept can be found in Roman law and its approach to the family. Although the institution of fatherhood is known since the ancient Rome, it is still a current topic. The aim of this thesis is to explain the topic of paternity denial from the child's point of view and its social and biological reality. Another topic mentioned is the paternity determination. "The mother is always certain" is a Roman-law principle, which founded the institution of parenthood. This principle and ascertained facts help to determine the paternity, which can be denied in the case of discrepancy of the ascertained facts. In the first chapter I am exploring the historical view of the parenthood - since the ages of Roman-law until the family law. The chapter begins with Roman-law conception of the family, which laid the foundations of today's understanding of family. Then I will outline the evolution of the examined topic using the Civil code and family law. In the second chapter I am evaluating the denial of paternity in cases when reasonable doubt of the correct law usage occurs. The third chapter is about proceedings dealing with the denial of paternity. The fourth chapter is the most...