National Repository of Grey Literature 26 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The process of monetization of assets in insollvency proceedings
Kňazovická, Miriama ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
This diploma thesis focuses on the process of monetization of property assets in insolvency proceedings. The assets are undoubtedly one of the fundamental institutes of insolvency proceedings as they serve to satisfy the debtor's creditors, thereby fulfilling the main purpose of the insolvency proceedings. The aim of this thesis is to acquaint the reader in detail with the process of monetization of assets with the use of valid legislation, professional publications related to the matter and numerous case-law. Also, the experience gained through practice in the insolvency trustee's office was used. The thesis mainly focuses on the assets monetization in bankruptcy proceedings as the most common and universal method of insolvency settlement. The basis for this thesis is made up by the Insolvency Act, as amended until 31 May 2019. The thesis is divided into seven chapters. The initial part of the thesis determines the general concept of the assets as well as a brief treatise on the activities carried out by insolvency trustee, especially those related to identifying and listing assets. In Chapter 3 herein the listing of the assets, procedure and conditions for discarding or excluding the property from it is being described. The thesis then continues with detailed description of the monetization...
Insolvency proceedings in light of Act no. 31/2019
Douda, Jiří ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
This diploma thesis deals with a comprehensive assessment of the amendment No. 31/2019 Coll. to the Insolvency Act. in relation to the previous legislation. The reason for processing this topic was the topicality of debt discharge in relation to individuals in a debt trap and the absence of an effective legal solution to their financial situation. In the introductory chapter, the thesis is devoted to the description of insolvency proceedings and defines the essentials of debt discharge. In the next chapter, the author deals with the main reasons for the adopting and the main aims of the amendment, as well as assessment of the suitability and applicability of the amended provisions of the Insolvency Act. The author deals in particular with the amended provisions of the Insolvency Act, which change the overall concept of debt discharge of individuals. At the same time, the author reflects on the application and interpretation problems associated with individual provisions and proposes their solution. Finally, the author discusses the legal, economic and social impacts of the amendment and assesses whether the objectives of the amendment have been met.
Fast-track proceedings in civil procedure
Lakron, David ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Fast-track proceedings known as traditional institute of civil procedural law contain many imperfections in present legislation despite their long-term development. Therefore this thesis strives to give more comprehensive legal analysis on present legislation regarding fast- track proceedings and to offer a solution for its loopholes. This thesis finds inspiration for dealing with these problems also in foreign legislations, which are compared with Czech legislation. Thesis thus offers comparison of German, French and Slovakian legislation with legislation of the Czech Republic, when German legislation seems to provide a proper guideline for improvement regarding fast-track proceedings automatization, which is also desired by Czech legislator. Professional public does not provide fast-track proceedings with proper attention, when articles or publications only focus on specific parts of these issues, but more coherent perspective and links between individual proceedings or their comparison are almost absent in specific literature. Thus non-professionals do not get the chance to understand meaning and advantages of fast-track proceedings. Thesis tries to fix this and to give more comprehensive perspective on fast-track proceedings in general terms or with regard to individual fast-track proceedings...
Invalidity and Ineffectiveness of Legal Acts in the Insolvency Proceedings
Cibulková, Kristýna ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The thesis (as its name suggests) deals with the issue of invalidity and ineffectiveness of legal acts in the context of insolvency proceedings. First of all, the very concept of invalidity and ineffectiveness of legal acts is explained, followed by explanation of the causes of occurrence of these institutes, as well as their consequences and overall their place in the context of the Czech legal order. Following this excursion, the regulation of these two institutes both in the insolvency and civil legal codes is compared, as is compared their regulation both in the currently effective legal regulation and in the previous no longer effective one. The aim of this comparison is, first of all, to depict the evolution of the institute of invalidity and ineffectiveness in the Czech legal system and to find out how and why the regulation has changed. Such knowledge is important both theoretically and practically, since it defines which sources (including court decisions) created under the older regulation are still applicable under the new regulation. Secondly, the aim of this comparison is also to find out and define how the invalidity and ineffectiveness depend on each other, as well as how these two institutes regulated by insolvency and civil codes depend on each other (if they do at all). This again...
Restitutional disputes under Act 229/1991 Coll.
Hubl, David ; Sedláček, Miroslav (advisor) ; Hendrychová, Michaela (referee)
This diploma thesis deals with the issue of restitution disputes according to Act No. 229/1991 Coll. on the regulation of ownership relations with land and other agricultural property. The reason for this topic was the experience of the author of the diploma thesis on restitution disputes, scope and judicial jurisprudence dealing with this issue. The thesis deals with the procedural aspects of restitution disputes, as well as with the substantive law-making aspect of both legal regulation and rich judicial jurisprudence. The diploma thesis systematically describes the most important types of restitution disputes - disputes about the restitution of original removed real estate, disputes about the existence of claims of entitled persons to compensation for immovable properties which can not be restituted, disputes about the correct value of claims of authorized persons and disputes about the grant of specific substitute real estates owned by the Czech Republic as a replacement for real estate that can not be restituted. The work emphasizes the breakthrough and current judicial jurisprudence of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. In the thesis, the author considers the importance of this case law and gives the case law a connection with the...
The Position and Application of Claims of the Secured Creditor in Insolvency Proceedings
Matuška, Dominik ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The Position and Application of Claims of the Secured Creditor in Insolvency Proceedings Abstract The topic of this thesis is the position and application of claims of the secured creditor within the special and to some extent independent type of civil court proceedings, which is insolvency proceedings. The object of insolvency proceedings is the bankruptcy or imminent bankruptcy of the debtor and the method of its resolution. It is more than clear, that the creditors who are involved in this proceedings have an interest in ensuring that their claim is satisfied as much as possible. The aim of the paper, as its name itself suggests, is not a general description of the course of insolvency proceedings, but a comprehensive analysis of the position and application of claims of the secured creditors. In the insolvency law, we understand the concept of secured creditor somewhat more narrowly compared to the general substantive law, which is based on the Civil Code. Indeed, the Insolvency Act defines who is deemed to be a secured creditor for the purposes of insolvency proceedings, and this definition does not include all types of security institutes known to us from substantive law. When examining the issue, I proceed from the relevant legal regulations, relevant case law of the higher courts of the Czech...
Mediator
Wiesnerová, Michaela ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
( Mediator) The diploma thesis deals with the person mediator who is key and indispensable in the process of mediation. Mediation is currently an increasingly relevant topic as one of the alternative ways of resolving disputes. Its use in practice could help to reduce the number of cases that courts have to deal with. With growing interest in mediation, the mediator's profession is becoming publicly aware. The aim of the thesis was to analyze the mediator role in mediation in the Czech Republic. The thesis is divided into 6 chapters. The first chapter explains the concept of mediation, the status of mediator and the division of mediators into different types that occur in our territory. The mediator must meet the conditions for the exercise of the profession by law. The main one is the successful passing of the exam, which is described in more detail in the second chapter. An important role in mediation is played by fundamental principles such as volunteering, impartiality, and unbiased, confidentiality and informality. Their adherence is crucial to the profession of mediator. The mediator has certain rights and obligations under the law. Major duties include a duty of confidentiality. The content, scope, and limits are described in Chapter 4. The following fifth chapter examines the mediator's...
Judgement by acknowledgement
Markovský, Karel ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Judgement by acknowledgement Abstract The topic of this diploma thesis is judgement by acknowledgement, a decision on the merits commonly used in practice, which is supposed to speed up the trial and make it more efficient. The thesis deals with both the judgement by acknowledgement issued under the express consent of the defendant and the so-called fiction of acknowledgement of the claim by the defendant, on the basis of which the judgment by acknowledgement can also be issued. The aim of this thesis is not only to provide comprehensive explanation of the process that precedes the issuance of the judgement by acknowledgement, but also to describe the importance of this judgement, its historic development on the Czech territory and to compare its national legislation with the Slovak one. This paper also highlights some problematic aspects of this judgement and offers possible solutions. The thesis is divided into six chapters. Chapter One deals with the historical development of the judgement by acknowledgement on the Czech territory. In particular, it focuses on establishing a judgement for recognition in to the Czech legal system on the edge of the 19th and 20th century and its reintroduction into the civil process in 1993 - 2009, when the judgement by acknowledgement acquired a form that remained to this...
Expert and Expert Opinion in Civil Proceedings
Dörfl, Luboš ; Macková, Alena (advisor) ; Sedláček, Miroslav (referee) ; Rozehnal, Aleš (referee)
Expert and Expert Opinion in Civil Proceedings Abstract This thesis combines the topic of expert opinion as an important means of proof in civil court proceedings with wider issues of expertise. That means it also deals with the conditions for the proper performance of the expert activity with a focus on its outcome - expert opinion. Understanding these relationships in their contexts can play an important role in seeking good practice in the judicial proceeding, evaluating an expert opinion by a court or even being subject to de lege ferenda considerations in the area of regulatory and procedural rules. Since the correct and effective use of this means of proof has a direct impact on the speed and cost efficiency of court proceedings, the issue of optimal setting of expert activity is currently highly up- to-date. Therefore, this thesis focuses first on the issues related to the activity of judicial experts, its legal regulation and deals with the analysis of the requirements of the expert opinion and the correct course of the expert in its elaboration. The next part follows a brief introduction to the theory of proof and represents an expert opinion as a specific means of proof using in civil court proceedings, which requires a number of partial steps. The work focuses on the effects of proper activity of...
Payment order procedure
Jurásek, Vít ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The diploma thesis deals with the current legislation of a payment order procedure. It is focused on issues for which legislation does not have an explicit answer. The thesis in particular with the help of generalized conclusions from more significant court decisions tries to find solutions for situations that occur more or less often during the payment order procedure, but are not dealt with uniformly in the practice of lower courts. The existing legislation is also compared with a possible future modification in the new civil procedure code. At first, the concept of the payment order procedure and its basic principles are defined. Furthermore, the importance of this form of procedure for the current Czech judiciary is evaluated, as it helps to speed up and simplify activities of judiciary. This is also achieved by involving court emloyees in decision-making acitivity, whose specifics are also described by the thesis. The following sections are focused on a payment order, an electronic payment order, a payment order under a bill of exchange or a cheque and a European order of payment. The conditions for issuing a given type of decision, its content and the defense options of the defendant are always interpreted. The differences between each sub-type of payment order procedure from general civil proceedings...

National Repository of Grey Literature : 26 records found   1 - 10nextend  jump to record:
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