National Repository of Grey Literature 389 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Seizure of property of the obligor spouse in execution of judgement proceedings
Vernerová, Martina ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
1 ABSTRACT SEIZURE OF PROPERTY OF THE OBLIGOR SPOUSE IN EXECUTION OF JUDGEMENT PROCEEDINGS The topic of this rigorosum thesis is seizure of property of the obligor spouse in execution of judgement and execution proceedings. "Seizurable property" in this context is property in community property of spouses (the obligor and their spouse), together with other property values belonging to the obligor spouse, such as their pay, pecuniary claims and other property rights that are not part of community property of spouses. The question of seizure of these other property rights has been a subject of an ongoing debate to which this thesis aims to contribute. Not much attention was paid to the issue of seizure of property of the obligor spouse in the past, but over the course of the seven last years, it has seen three major legislative changes which have made it a subject of public debate. These modifications, however, have also made it difficult to grasp for parties to a case, courts and court executors in their practice. Therefore, the aim of the present thesis is to critically assess the relevant legislation in selected periods of time, analyse its bases as well as its impacts on the obligor spouse in execution of judgement proceedings, and to point out to facts that have escaped the notice of experts. The thesis...
Arbitration proceeding in consumer disputes in the Czech Republic and in the Slovak Republic
Poláková, Petra ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Arbitration proceeding in consumer disputes in the Czech Republic and in the Slovak Republic Abstract This rigorous thesis deals with the arbitration proceeding in consumer disputes in the Czech Republic and in the Slovak Republic. The aim of this work is to give a comprehensive view of the special nature of arbitration proceeding with a focus on the protection of consumer rights, analyze and evaluate the legislation of this area in the Czech Republic (before excluding the arbitration proceeding in consumer disputes in the Czech Republic) and the Slovak Republic. The thesis consists of an introduction, five chapters and a conclusion. The introduction is followed by the first chapter, which defines the concept and legal nature of arbitration proceeding, describes in detail its basic principles, advantages, disadvantages and types of arbitration proceeding. Furthermore, this thesis deals with the definition of consumer and entrepreneur in both countries, the concept of consumer relations, the principles and reasons leading to consumer protection in arbitration proceeding and arbitration in terms of the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Union, constitutional aspects of arbitration in The Czech Republic and the Consumer Protection Act in Act No. 89/2012 Coll.,...
Adoption Proceedings
Klimeš, Matěj ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Adoption Proceedings Abstract This thesis deals with the current legal regulation of adoption proceedings. Adoption proceedings are one of the non-contentious proceedings which are initiated on basis of motion and in which court decides on the personal status of the adoptee and adopter. The thesis is divided into 5 parts in which the procedural and substantive regulation of adoption is discussed with the aim to provide an explanation of adoption proceedings as the legal regulation of this institute does not fully respect the division of the law into substantive and procedural. After a brief introduction, the first part is devoted to the historical excursion in which I describe the basics of the adoption as set by the ancient Roman law. In the longest chapter of first part I focus on the interpretation of the development of adoption after the establishment of the Czechoslovak Republic and the change of the position of court in the process of adoption. The concept of adoption is defined in the second part of this thesis and after that I focus on international treaties and laws that govern adoption in the Czech legal order. In the third part I describe the prerequisites for adopting a minor as set by substantive law with an emphasis on regulation regarding consent to adoption and pre-adoption custody of the...
Reimbursement of costs in trial proceedings and enforcement proceedings
Černý, František ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reimbursement of costs in trial proceedings and enforcement proceedings Abstract The aim of the thesis is to describe comprehensively the issue of reimbursement of costs in trial proceedings and enforcement proceedings. Sometimes, it is considered to be only a marginal part of the civil procedure, however the reimbursement of costs is certainly very important for both parties to a case. Reimbursement of costs of proceedings is a very interesting topic that has been undergoing turbulent development in recent years. The thesis is divided into an introduction, three main parts and a conclusion. The introduction focuses mainly on the definition of the objectives of the thesis and subsequently the interest of the general public in the issue of reimbursement of cost is analyzed. The first part provides the general description of the institute of costs of proceedings and defines the essential terms related to this issue. Subsequently, the types of costs of proceedings and legal regulation connected with them are examined. The second part of the thesis focuses on reimbursement of costs in trial proceedings. The initial chapter explicates general rules contained in the Civil Procedure Code, which are based mainly on the principle of success in the case and the principle of fault. All exceptions to these principles...
Discharge - resolving of insolvency of a debtor
Vodičková, Martina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge - resolving of insolvency of a debtor A discharge is, in addition to bankruptcy order and restructuring, one of the options for resolving of the insolvency or imminent bankruptcy of a debtor in insolvency proceedings. The discharge can be initiated only by proposal from debtor, but only certain person can this proposal write and submit (the lawyer, the notary, the executot, the insolvency administrator or the accredited person). If the debtor proves that his proposal has honest intent, and that he is able to pay at least 30 % of his claims to the creditors, then the court will grant the discharge from debts. The discharge can be done in three ways: the liquidation of the assets, the performance of the payment calendary for up to 5 years or a combination of these two methods. The debtor himself can show his preferred way in the proposal, but the final decision is on unsecured creditors. Only if the creditors do not agree on any of these ways, will the court decide. If the debtor performs his duties for the duration of the discharge, the court will decide on fulfillment of the discharge and exempts the debtor from paying the remaining parts of his claims. In the event of the performance of payment calendary, the debtor may be exempt from paying the remaining parts of his claims, even if he has not...
Arbitration
Čeladník, Filip ; Pohl, Tomáš (referee)
1 The purpose of this thesis is to discuss the main aspects of the Czech legal regulation of the arbitration proceeding under the view of the particular Western European national and international legal orders. By doing so, the author strives for critical review of the arbitration proceeding as per the Czech legal order under the worldwide perspectives and with the prism of modern Western European and world legal theory of the arbitration proceeding. The intention of such research is to determine if the contemporary Czech legal regulation of the arbitration proceeding is in conformity with the modern theory and practice of the arbitration proceeding. This thesis also aims to answer a question whether the Czech courts shall have the right to review the application of law by the arbitrators. The author is seeking to answer this question by comparing the the Czech, or rather Continental system of law with the law of England and Wales.
Arbitration proceeding in Czech and Slovak Republic
Bartoš, Martin ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Arbitration proceeding in Czech and Slovak Republic The topic of this thesis is arbitration proceeding in Czech and Slovak Republic. If the part of introduction and conclusion is not included, the thesis is divided into eight main chapters which are further systematically divided into other subchapters. In the first chapter dedicated to the concept and characteristics of arbitration the author focuses on sources and - with regard to the title of this work - the greatest attention is paid to the Contract concluded between Czech and Slovak Republic on legal cooperation. Furthermore the deal of this part is a relation between arbitration and civil proceeding and alternative dispute resolution. This chapter describes - among other issues - the types of arbitration, namely deals with the severance onto ad hoc and institutional arbitration, including comparison with Slovak law. In the following chapter the author deals with the advantages and disadvantages of arbitration but with the difference that he deals with these examples more broadly considering that individual attributes may not always be perceived in black and white, ie. it may not always be an advantage but should be viewed more comprehensively. Chapter Three is dedicated to arbitrability (both in Czech and Slovak legislation) as a key...
Selected aspects of attorney's duty of confidentiality
Lhotáková, Františka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Selected aspects of attorney's duty of confidentiality Abstract One of the attorney's most important duties is the commitment to maintain the confidentiality of information he or she has learned while providing legal services. However, it is not a lawyer's privilege but a commitment to protect the rights and legitimate interests of his or her clients. The duty of confidentiality may be waived exclusively by the client or his legal successor of the client. Restrictions or breaches of this obligation should occur exceptionally, only in defined cases. In recent years, the effort of the legislators and other entities to disclose this duty of confidentiality can be noticed in the Czech Republic. The overall purpose of this thesis is to analyse the legal regulation of attorney's confidentiality in the Czech Republic. This thesis focuses mainly on the regulation contained in the Czech Law of Advocacy, in the relevant provisions of the Czech Criminal Procedure Code and in the professional regulations of the Czech Bar Association. The first two chapters of this thesis are rather of general nature. A significant part is devoted to explanation of the notion of confidentiality, its meaning and its material and personal scope. The third chapter discusses legal exceptions when breaching of attorney's confidentiality is...
Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff
Křížová, Petra ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff - Abstract The thesis deals with the legal position of insolvency administrator in insolvency proceedings and its comparison with the position of bailiff. The thesis is broken into an introduction, six chapters and a conclusion. The aim of this thesis is to summarise the rights of the insolvency administrator as a subject of the insolvency proceeding and compare them with the rights of the bailiff. The first chapter deals with the definition of insolvency administrator, the conditions to perform the office and to obtain the relevant licence to perform the office, as well as the manner of entry of insolvency administrators into the registry. The second chapter takes on the manner of appointment of the insolvency administrator in a specific insolvency proceeding, the conditions for removal or recall from the office, the conditions of exclusion for bias and situations when the insolvency administrator may be replaced. Furthermore, the chapter states the duties of the insolvency administrator. Special attention is paid to the reward and reimbursement of costs in the various alternatives of insolvency solutions with regard to recent case law. The chapter also details the liability of the...
Debt discharge - remediation way of resolving the bankruptcy of the debtor, natural persons
Matoušová, Dominika ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Debt discharge is one of the remediation ways of resolving the bankruptcy of the debtor, whereas the debt discharge is requested mainly by non-entrepreneurial natural persons. However, the resolution of bankruptcy by debt discharge cannot be ruled out also for natural persons entrepreneurs. Debt discharge is a widely used and persistently relevant institute that puts emphasis not only on liberating debtor from debt and resolving his financial situation, but also on the protection of creditors of the debtor, who are legally guaranteed a degree of satisfaction of their claims. The aim of this thesis is to provide a comprehensive characterization of debt discharge, the course of insolvency proceedings leading to debt discharge, as well as certain specific areas that may be problematic. This thesis also contains examples from the practice, in which we can see the specifics of debt discharge. This thesis is divided into seven chapters, whereas the main ones are chapters 2 and 4. The first chapter briefly defines the concept of bankruptcy, which is crucial for the resolution of the unfavourable economic situation in insolvency proceedings, the ways of its resolution and the relationship between debt discharge and other methods of resolving bankruptcy. The second chapter describes debt discharge and defines the...

National Repository of Grey Literature : 389 records found   1 - 10nextend  jump to record:
Interested in being notified about new results for this query?
Subscribe to the RSS feed.