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Arbitration in consumer disputes
Fejtová, Miroslava ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The arbitration in consumer disputes ABSTRACT The topic of this thesis is especially arbitration in consumer disputes. The general part of work dedicates the historical progress of arbitration and common attribute of arbitration and also takes into account the role of the courts in arbitration proceedings with respect to some aspects of consumer disputes in particular. A special part of this work deals with advantages and disadvantages of arbitration from the point of view of consumer and special legislation in arbitration in consumer disputes as well. The aim of the work is to evaluate if the arbitration is suitable way to decision making in the area of consumer disputes in comparison with functionality of arbitration in commercial disputes, and also the aim is to find an appropriate way to settlement of consumer disputes in arbitration, if there is one.
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Execution by the sale of real property
Malíková, Zuzana ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
This graduation thesis deals with the distraint by selling a real estate in the Czech legal system. The matter of execution (distraint) is regulated in the Czech Republic by two key Acts: Act No. 99/ 1963 Coll. and Act No. 120/2001 Coll.. This graduation thesis discusses the distraint regulated by the Act No. 120/2001 Coll. - the distraint carried out by the executors. The sale of a real estate in the distraint is one of the most difficult manners of execution. It is mainly because of its time-demanding nature and a plenty of various process conditions that have to be fulfilled. Also the number of legal remedies that can be interposed during the distraint proceedings is the reason, why this manner of distraint is one of the most effective and one of the most challenging at the same time. The distraint by selling a real estate is very usefull especially when a bigger sum of money is being executed. It is because of the real estate value. Other manners of distraint wouldn't be so effective while executing a large debt. The process of the distraint by selling a real estate is divided into several parts; each of the parts is concluded by a decision that is a conditio sine qua non for the successive. Most of the decisions are made by the executor. The court decides only when it is provided by the law. The main...
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Raising claims in insolvency proceedings
Roud, Vojtěch ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
This work aims to provide a comprehensive overview of the raising the claim in the insolvency proceedings. There is an explanation provided for each type of claims together with practical examples targeting the most problematic aspects of application of Act No. 182/2006 Coll., on bankruptcy and means of resolution thereof (hereinafter "The Insolvency Act").The work is not limited only to a process of raising the claim in insolvency proceedings but it systematical describes further existence of raised claim in the insolvency proceedings. There are also two more chapters dealing with the review of claims and their satisfaction. The work deals with the effective legislation, meaning the insolvency act. There is pointed toward the specific legislation in specific cases when adequate. This legislation is contained in the Act No. 328/1991 Coll., on bankruptcy and settlement (hereinafter "The Bankruptcy and Settlement Act"). I also took into account the significance of the novelization of the insolvency act number 294/2013 Sb. (so called revision novelization) and I point out the cases of modifications based on this novelization.. I also refer to the previous legislation contained in the bankruptcy act. Together with this I explain the development of insolvency law from the adoption of an insolvency act until now....
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Prospects of mediation in civil cases
Klimešová, Lenka ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
58 THE PERSPECTIVES OF MEDIATION IN CIVIL MATTERS Mediation belongs to the methods of alternative dispute resolution (ADR), which constitute an alternative to the classical legal proceeding. It could be defined as a procedure of finding a solution of a dispute with the help of a third neutral and impartial person - so called mediator. In opposite to the legal proceeding in front of a court, the solution is not authoritatively decided by the mediator, but the parties themselves decide their dispute. Mediation is based on voluntariness. It means that the parties should agree on the procedure of mediation as well as on the personality of the mediator. The role of the mediator consists in encouraging the communication between the parties and in showing them, that their conflict has many ways how it could be solved. Mediation is an actual topic in discussions on international, European as well as on national level. The European Union maintains the development of alternative dispute resolutions. A Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters obligates the member states to transform the regulation on mediation in cross-border disputes into their legal order. In my opinion mediation should be regulated by law also in national cases without the cross-border aspect. The thesis...
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