Illegitimate child is commonly referred to as ¡§bastard,¡¨ which contains the implication of discrimination and original sin from social viewpoint. As far as law is concerned, private law doesn¡¦t provide protection for the rights of illegitimate children, whose mothers are therefore forced to file for compulsory recognition without considering consensus and depreciation to ensure their rights, and this is exactly the canker that ¡§Martial Presumption System,¡¨ which is worth further exploration. As for research method, historical method, comparative method, and citation analysis method and so on are adopted herein so as to cover domestic traditional system as well as foreign system. Furthermore, domestic scholars¡¦ articles on relevant issues are herein analyzed to seek protection for children on Constitution. Laws concerning illegitimate children falls into the category of private Law, for the aspects of relatives and inheritance are relate to legislative system and compulsory regulations which are beyond the governing of private autonomy. Additionally, the regulations of citizen¡¦s basic rights are not stipulated in detail and specifically on Constitution and must be supplemented by Civil Law. Nevertheless, in the respect of illegitimate children¡¦ rights, Civil Law obviously fails to reinforce the regulations of basic rights provided on Constitution. Therefore, it¡¦s a necessity to have it discussed at equal level of Constitution. This essay then focus on protection for children on Constitution and therefore adopts human dignity, personality right, family right, equity, property right, and litigation right recorded on Constitution to build the principal structure and study the protection for the rights of ¡§illegitimate¡¨ children on Constitution. Classifying children into legitimate children and illegitimate children will not only cause confusions in Civil Law system, but convert law into a means to discriminate illegitimate children and then result in public rights impracticable in law. As a result, amendment drafts are proposed herein, taking the abolishment of martial presumption system as the main idea that enables children whether whose parents got married or not to enjoy equal rights with the assistance of children¡¦s rights protection to enable Taiwan¡¦s parent-child relationship to compete with advanced nations.

TITLE: Sound and Audiovisual Records as an Evidence in Civil Proceedings AUTHOR: Ivo Petržílek DEPARTMENT: Department of Civil law SUPERVISOR: doc. JUDr. Alena Macková, Ph.D. ABSTRACT: The thesis deals with the problems of inadmissibility of evidence by the audio and video recordings in civil proceedings. Attention is focused mainly on problems of using illegally obtained records as proofs. Diploma searches for the solution to the contemporary course which seems to be ineffectual. The thesis is divided into six chapters. The first and second chapters introduce the theoretical basis of proving in civil proceedings. The third chapter refers to the evidence by the sound and audiovisual records in the area of civil proceedings and deals with the main factors of its potential proving use. In the fourth chapter author deals with the collision of basic rights and interests, especially with the general personality right and the interest of effective Justice and proposes a Proportionality test as the solution. The fifth chapter contains a comparison of the Czech and German case law. Finally, the last, sixth chapter summarizes the most important findings and concludes the thesis. KEYWORDS: audio and video recordings, general personality right, proportionality test, inadmissible evidence, proving

The diploma thesis is concerned with specific legal instruments for protection of rights of third persons introduced by the media law in the Czech Republic. The aim is to provide a complex overview of the right to reply, supplementary statement, supplementary information and protection of sources. In order to do so, this thesis introduces the value basis of the legislation, characterizes all these instruments and the conditions under which they might be claimed and describes possible exercise of these rights in court. The thesis is divided into four chapters. The first chapter is focused on the constitutional background of the basic human rights of protection of personality as well as on the freedom of expression, including their legal base in international treaties. This chapter also describes the so-called proportionality test, which is used by the courts in cases where two basic human rights collide with each other. The second chapter deals with the sources for legislation regarding the protection of personality under Czech media law. The most significant rulings of the European Court of Human Rights are introduced in this chapter, i.e. the case of Von Hannover v. Germany and the case of Axel Springer AG v. Germany. This chapter is also concerned with the legislation of the European Union and...