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The sale of an enterprise as the mode of enforcement (execution) of monetary judgment
Kupka, Miroslav ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This essay was drafted on the topic of "The sale of an enterprise as the mode of enforcement (execution) of monetary judgment". The topic of this essay was chosen by me as I have been working with the execution law and, furthermore, this is very the dynamically expanded legal area in the frame of the civil procedural law. The enforcement (execution) is the legal area which is been experiencing by permanent changes, which main aims are both more effective enforcement of the pecuniary fulfilment on one side and the protection and minimisation of enforcement in reasonable and indispensable cases on the second side. The aim of this essay is to introduce this legal area of the sale of an enterprise as the mode of enforcement (execution) arranged by the judges during enforcement and executions arranged by the executors. Furthermore, I try to compare the current legal status of the enforcement by the sale of an enterprise to the current legal status of enforcement by the sale of a real estate property and also to compare the current legal status of the enforcement by the sale of the enterprise to the legal status effective before the amending the current legal status effective from 1st January 2013. This essay is segmented into the three individual parts. The first part is an introduction of the essay....
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Rights and duties of the insolvency trustee in bankruptcy
Zouchová, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Rights and duties of the insolvency trustee in bankruptcy The topic of this Master's thesis is rights and duties of the insolvency trustee in bankruptcy. The aim of the thesis is to describe activities of insolvency trustee that are related to the solution of debtor's decline by bankruptcy. The insolvency trustee is an important subject of insolvency proceedings; in the case of bankruptcy his task is primarily related to activities associated with the estate, with its liquidation and distribution of proceeds. First chapter focuses on insolvency proceedings in general. First part deals with historical context; second part analyzes the process of insolvency proceedings with a respect to different ways of resolving the debtor's decline - reorganization, discharge from debts and specific ways (i.e. a slight decline and the bankruptcy of financial institutions). In the next chapter, the bankruptcy is discussed as another way how to solve the debtor's decline, regarding to the subject of the thesis. The third chapter is divided to two sections. The first analyzes the term "insolvency trustee" and also defines specific types of this subject of insolvency proceedings. Individual subsections focus on the each specific type. The second section deals with responsibility of insolvency trustee. The last and...
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Legal status of the judge within the legal order of the CR
Zlatníková, Miroslava ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
115 Resumé Legal status of the judges in the legal order of the Czech Republic The purpose of my thesis is to analyse legal status of the judges in the legal order of the Czech Republic and to review actual questionable opinions on this theme. The reason for my research is my longtime interest in the function of judge. The thesis is composed of two parts, each of them dealing with different aspects of status of judge. Part One deals with legal status of judges in the legal ordre of the Czech republic. This part is subdivided into five chapters. Chapter One characterises the status of judge in general purport. Chapter Two analyses the legal requirements for becoming a judge. This chapter explains the selection procedure to be judicial candidates. The chapter refers to the legal status of judicial candidates in France and in the Netherlands.Then, it is focuses on appointment of judges in context of addition to age. By the amendment of Act No. 6/2002 Collection of Law the minimal age of judge is thirty years. The President Václav Klaus in 2005 refused to appoint the judicial candidates who have not been of this age. Chapter Three examines discretions and duties of judges. The chapter consist of four subchapters. The first subchapter concentrates on problems resulting from the pro- fessional qualifications of...
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Divorce proceedings
Neumanová, Nikola ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The subject matter of my Master's degree thesis is the issue of divorce proceedings. The main aim of this thesis is to put an interpretation on the currently effective legislation on divorce proceedings and divorce itself as it follows mainly from Act No. 292/2013 Coll., on Special Judicial Proceedings and Act No. 89/2012 Coll., the Civil Code. Divorce is the only legally permissible way in the Czech Republic how to terminate marriage within both spouses' lives. It leads to severe legal consequences affecting not just spouses themselves but alternatively their legitimate children as well. Therefore it requires a set of special rules and special proceedings so that courts may ascertain the presence of the irretrievable breakdown of marriage which only justifies allowing divorce and decide spouses' personal and property relations in connection with divorce. This thesis is divided into five parts which all bear certain relation to divorce proceedings. The first part provides an overview of divorce regulations throughout Czech history up to now. The second part firstly addresses the relation between substantive law and procedural law regarding divorce. Subsequently, it focuses on substantive legislation on divorce in the Czech Republic. All local possible types of divorce, the divorce ground and results...
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The sales contract and its consumer aspects
Málek, Radek ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
76 Résumé Purchase Contract and its Consumer Aspects This diploma thesis is concerned with the purchase contract and its consumer aspects. After the introductory, in the second chapter, the thesis defines generally the purchase contract as one of the most important contracts in the Czech legal system at all, including its roots reaching to the Roman law. In the third chapter, the thesis describes the consumer protection in the Czech legal system, which is traditionally divided into two sections - the consumer protection provided by the public law and the consumer protection provided by the private law. Both, the public law and the private law interfere reciprocally to each other and so they build the complex of the consumer protection in the whole legal system in the Czech Republic. In the forth chapter, this dissertation distinguishes between the application of the legal regulation in the Czech Civil Code and the Czech Commercial Code and it depicts the rules of application of both these Acts. Further, this chapter thoroughly analyses the unambiguous term of consumer. The term of consumer is in the Czech legal system defined on many places in various codes and so the interpretation implies troubles with understanding. Next to these problems of interpretation, there is a consumer law of the European Union...
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Inheritance proceedings
Černá, Kamila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Inheritance proceedings The goal of my Master's thesis is to describe in detail the course of the inheritance proceedings. Even though, the overall rule states that inheritance is assumed at the moment of decedent's death, the inheritance proceedings must take place. It is therefore a procedure set by law that is presided by a notary as a court commissar who is authorized by a competent court. During the proceedings, the notary locates decedent's inheritors, his assets and debts. With conclusion of the proceedings, all decedent's property relations are assorted in order. Simply it can be said, the conclusion of the inheritance proceedings is a division of decedent's assets and debts among all heirs. This thesis is divided into five chapters. The first chapter describes the history of the inheritance proceedings and the position of a notary as a court commissar in the period in between the First Republic to the contemporary practice. Furthermore, the contemporary inheritance proceeding is characterized as well as its function and legal framework, including its demarcation as a non-adversarial process. The second chapter deals with matters of court's authority and competence for the inheritance proceedings. The subchapter with inheritance proceedings with a foreign aspect, e.g. inheritance proceeding...
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Civil procedure and domestic violence
Chalupská, Lenka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The aim of this thesis named "Civil procedure and domestic violence" is to provide an overview of means of civil procedure which lead to protection against this form of violence. Domestic violence is a current topic which deserves a lot of attention. Very often it is unnoticeable and hard to uncover because it happens in privacy. This is why it is necessary not to interrupt efforts to reach the highest protection of endangered persons. Procedural law offers several ways how to reach protection against domestic violence. In this thesis, I define these means of civil procedure, consider their usefulness and indicate their strong or weak points. The thesis gives a detailed description of preliminary injunctions. This procedural means provides victim with almost immediate help and time to make steps in order to settle the situation down. The preliminary injuctions are based on the aspect of surprise, because the violent person does not expect it. However, attention must be paid so that the interference with the rights of violent person is not unproportional. The thesis is divided into five parts. The first part is an introduction which presents purposes and goals of this thesis. The second part introduces a general presentation of the issues of civil procedure and domestic violence. It attemts to define...
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Invalidity and ineffectiveness of legal acts in insolvency proceedings
Štancl, Štěpán ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Abstract Invalidity and Ineffectiveness of Legal Acts in Insolvency Proceedings The purpose of my thesis is to describe and analyse statutory framework of rules which prevent underlying assets from being unlawfully reduced. The thesis is composed of five chapters which are divided into subchapters. The core of the thesis lies in chapters 4 and 5. Introductory chapter explains collective essence of insolvency proceedings in which claims of creditors are satisfied proportionally. Then it clarifies core of this thesis, i.e. analysis of acts, whom debtor reduces underlying assets, or rather his creditors. It also explicates changes in terminology, which are caused by recodification of civil law. Chapter Two describes development of ineffectiveness since Roman law until the present. Third chapter, concerning civil law, is subdivided into four subchapters. The first defines legal act. Second describes its invalidity. The third, which is most extensive, deals with relative ineffectiveness in civil law. Its parts relate to the reasons of ineffective legal acts, trials about them and consequences of ineffectiveness. Last subchapter summarizes opportunities of application this rules in insolvency proceedings. Chapter Four which concerns insolvency proceedings is divided into two subchapters. The first of them deals...
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