National Repository of Grey Literature 399 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Reimbursement of costs in trial proceedings and enforcement proceedings
Jelínek, Lukáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of the thesis Reimbursement of costs in trial proceedings and enforcement proceedings is to provide a comprehensive view of the legal regulation on the topic of reimbursement of costs in trial and enforcement proceedings and subsequently to critically evaluate this regulation and to try to find a way to more appropriate solutions. The thesis consists of an introduction, two parts dealing separately with the reimbursement of costs in trial proceedings and the reimbursement of costs in the enforcement proceedings and a conclusion. The introduction specifies the topic of the thesis and its purpose. The first part of the thesis, which covers the reimbursement of costs in the trial proceedings, is divided into seven chapters. The first chapter generally defines the concept of costs. The second chapter then describes the specific types of costs that may be incurred in trial proceedings. The third chapter discusses the aspect of efficiency of costs, which is a very important factor in the decision to pay the costs. The subject of the fourth chapter is the specification of the obligation to pay the costs. The fifth chapter describes in detail the reimbursement of costs of the contentious trial proceedings, both in terms of legislation and in terms of general principles that are relevant to the...
Insolvency administrator and his role in insolvency proceedings
Valtr, Tomáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Insolvency administrator and his role in insolvency proceedings Abstract The thesis deals with the professional requirements for an insolvency administrator and his status and activities in the insolvency proceedings. Considering the frequent amendments of the legislation regulating insolvency proceedings, including the rights and obligations of the insolvency administrator, this is a particularly relevant topic. The aim of the thesis is to provide a comprehensive overview of the conditions which must be met to become an insolvency administrator, what role the insolvency administrator performs in insolvency proceedings and what are his most important rights and obligations. The thesis is divided into six chapters. The first chapter deals with legal regulations governing the status and activities of the insolvency administrator and includes, in particular, two fundamental acts and their implementing decrees. The second chapter addresses the person of the insolvency administrator from a professional perspective, that is to say, what are the preconditions for obtaining permission to practise as an insolvency administrator and under what conditions the authorisation to practise ceases. Furthermore, the chapter covers the area of the list of insolvency administrators and the way in which insolvency...
Assets in Insolvency Proceedings
Bistárová, Eva ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Assets in Insolvency Proceedings Abstract The diploma thesis provides comprehensive analysis of an institute of assets in insolvency proceedings. The first chapter focuses on a definition of assets aiming at importance of the institute in the current legal system in the Czech Republic. The second chapter analyses an extent of assets and institutes of invalidity and ineffectiveness of legal actions in insolvency proceedings including an analysis of provisions related to defence indictment. In addition to positive and negative determination of a content of assets and detailed description of the relevant assets, a description of a mutual relation of insolvency and execution proceedings is a part of the third chapter. Subsequently, the fourth chapter deals with assets determination procedure aiming at an obligation of a debtor or persons acting on behalf of a debtor as well as the third persons and public authorities to provide an insolvency administrator with cooperation. The fifth chapter concerns obligations of an insolvency administrator relating to an inventory of assets and conditions under which seeking exclusion and exemption from assets may be achieved. The sixth chapter analyses a legislation related to disposition over assets including an administration of assets and determination of a person with...
Setting aside an arbitral award by court
Sýkora, Vít ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The theses includes an analysis of the institute of setting aside an arbitral award by court. It is focused on summary of present theoretical findings which are drawn mainly from commentary literature. However, the key focus of the theses is an analysis of relevant judicial decisions related to the investigated institute. It uses decisions of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic in particular. The theses is divided into introduction, four parts and conclusion. The first part contains a brief explanation of historical development of setting aside an arbitral award. Then it is focused on theoretical doctrines and judicial decisions related to the nature of arbitration and arbitral award and on the role of the courts in arbitration. The following part deals with the setting aside an arbitral award as a civil proceeding. It focuses on material juristiction of courts to the proceeding and possibility of setting aside a resolution issued by arbitrator as both of these matters are new to the proceeding. The fundamental part of the theses is the analysis of the various reasons for setting aside an arbitral award. All seven reasons are covered in the order in which they appear in the law. Priority is given to the reasons consisting in lack of...
Problems of the insolvency law in the practice of insolvency court
Šváb, Vojtěch ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Problems of the insolvency law in the practice of insolvency court Abstract This rigorous thesis deals with the Insolvency Act and the problems and uncertainties contained in it, which people working with it (especially insolvency courts) encounter in their practice. The rigorous thesis is divided into five main parts, four of which are further divided into chapters. The first part serves as a depiction of the long-term historical development of bankruptcy law, the beginnings of which can be found in Roman law. Emphasis is placed especially on the Bankruptcy and Settlement Act and the Insolvency Act and especially on the number of their amendments. The second part deals with the problematic provisions of the general part of the Insolvency Act and deals with the provisions describing the insolvency proceedings before the declaration of bankruptcy as well as the provisions that will apply during the entire insolvency proceedings. This part is therefore the most extensive. The following two parts are devoted to the special part of the Insolvency Act. The third part describes the imperfections of the bankruptcy solved by liquidation, of which, however, there aren't as many as in other parts of the Insolvency Act, a fact that the author connects to the history of bankruptcy law in the Czech Republic, in...
Objection to the judicial order to pay in a form of bill and proceeding concerning them
Černý, Václav ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with the problematic of objections to the judicial order to pay in a form of bill as a form of process defence within the order proceedings, whose object is a bill of exchange. Bill of exchange proceedings, judicial order to pay in a form of bill, and also objections to the judicial order to pay in a form of bill and proceeding on them, are in our legal order for more than 120 years, however, they have not undergone any significant changes. Despite this rigidity, social relations bring new facts and circumstances, which courts have duty to deal with. For these reasons, this thesis analyses and describe process, which leads to the issue of judicial order to pay in a form of bill, but most importantly specific objections, that defendants can state as a procedural defence in this kind of proceeding. However, number of those objections are infinite, just because every legal relation is unique in its own way, therefore any legal relation can bring new kinds of objection, that has not yet been raised before. On the other hand, defendants are bound by certain rules in this kind of proceedings, that can create a situation, when certain objections cannot be raised, or they will not have intended purpose, which is to overrule the judicial order to pay in a form of bill. Part of this thesis...
The role of an advocate in the civil proceedings
Sobotková, Sandra ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of this work is the role of an advocate in the civil proceedings. The aim is to provide and analyse the state of law in the representation of an advocate in the civil proceedings in terms of efficiency and to formulate possible recommendations de lege ferenda. The partial aim of this work is to provide an insight into the importance of representation and the role of an advocate in civil proceedings. In order to fulfil the set goal, the work consists of six main chapters, which are further divided into subchapters as necessary. The first chapter is the introduction, it briefly presents the work with methods, literature, goals and other facts, which are essential for the next text. The second chapter is entitled "Introduction to the issue" and focuses on the general interpretation of the concept of civil proceedings, its participants, individual types of civil proceedings (declaratory procedure, insolvency procedure, enforcement procedure, detention procedure and arbitration procedure). Furthermore, the second chapter includes a treatise on the status of an advocate in civil proceedings, which emphasizes the fact that the advocate plays a very important role in the civil proceedings, since it is through the advocate that everyone's right to legal assistance in court proceedings is...
Selected Issues of the Discontinuance of Execution according to the Provision of Sec. 268 (1)(a - h) of the Code of Civil Procedure
Najmanová, Veronika ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Selected Issues of the Discontinuance of Execution according to the Provision of Sec. 268 (1)(a - h) of the Code of Civil Procedure ABSTRACT Execution, as the compulsory performance of obligations by way of interfering with the property interests of the obliged party, for the purpose of recovering the performances owed, represents an important procedural instrument through which creditors may assert their rights vis-a-vis debtors who failed to voluntarily fulfill the obligations imposed unto them in the enforcement order. However, not every execution is successful (in the sense that it results in the recovery of the performance owed). Circumstances may arise during the debt enforcement procedure which prevent its continuation and require enforcement action to cease before its intended purpose could be consummated. The law reflects these situations by providing for the discontinuance of execution, a procedural institution whose purpose it is to permanently prevent the compulsory performance of obligations as per the enforcement order and to lift the effects of the ongoing enforcement on the obliged party's property interests. This is at the same time the only means of defense available to obliged parties who wish to defend themselves against ongoing debt enforcement. There exists a host of reasons which may...
Interim Measures in Contentious Proceeding
Pelcová, Zuzana ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Interim Measures in Contentious Proceeding Abstract This thesis deals with the interim measures in the civil contentious proceeding, aimed to provide temporary protection of a compromised or violated right as soon as possible in compliance with the requirements of the right to judicial protection and fair trial. The first chapter of this thesis is dedicated to defining the term, purpose and types of interim measures in the civil procedure. The second chapter summarizes the historical development within the Czech Republic from 18th century up to the present. The third chapter is devoted to interim measures proceeding as a foundation of this thesis, where the various stages of the interim measures proceeding are analysed in depth. Firstly, attention is focused on the fulfilment of the proceedings' conditions, interim measures requirements, examining the proposal for proceedings' initiation and specific course of such proceeding. Afterwards, the delivering of the decision, the remedies against it and damages are examined. The fourth chapter deals with the questionable aspects of the interim measures proceeding resulting from the detailed analysis with respect to the requirement of the fair trial. Subsequently, the Czech legislation is compared to the German and Slovak legislation. The last chapter of this...
Bankruptcy as a mode of resolving debtor's insolvency
Vaníček, Petr ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
Bankruptcy as a mode of resolving debtor's insolvency Abstract The subject of this thesis is bankruptcy as a mode of resolving debtor's insolvency. Bankruptcy (sometimes also referred to as liquidation) is simply a mode of solving insolvency, which mainly deals with the realization of debtor's assets and is also a universal way of solving bankruptcy available to all debtors. Despite this, it is not paid a lot of attention lately, which is much more focused on remediation methods, such as reorganization and debt relief. This thesis gradually acquaints the reader with the legal regulation of the most important legal institutions related to bankruptcy and selected connected context, which usually have a major impact on bankruptcy process or can cause problems. The first chapter is devoted to a more detailed introduction into the world of bankruptcy and bankruptcy law in terms of its historical development. The second chapter describes the insolvency petition and the debtor's path to bankruptcy, a prior stage of the proceeding. Its inclusion was necessary due to the many interconnections of insolvency proceedings. Probably the most important part is concentrated in the third chapter, where the problematic parts of the effects that the declaration of bankruptcy causes in the sphere of the debtor and the mutual...

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