CHILDREN, PARENTS, PARENTAL RESPOSIBILITY AND THE CIVIL LIABILITY OF OTHER PEOPLE

Zdeňka Králíčková

Abstract


Parental responsibility is a key concept of Czech Family Law. The Civil Code regulates the rules for administration of parental responsibility in harmony with the best interests of the child and his or her welfare and participations rights. As parental responsibility is vested with the legal parents of the child, it cannot be wholly “delegated” to other people (relatives, private personal caregivers, domestic workers etc.). However, the parents are free to conclude “contract for temporal personal care of their child”, which is not regulated as a typical contract by the Civil Code. Such a contract can be classified under “contracts for work” or “mandate copntract”. When relatives, private personal caregiver or domestic workers (in short “obligated party” or “obligor”) do not fulfil the rights and duties established by the contract then they are legally responsible for the wrong fulfilment.


Keywords


minor child, parents, parental responsibility, relatives, private personal caregivers, domestic workers, obliges party, contracts for temporal personal care of the child, wrong fulfilment, duties, liability

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