National Repository of Grey Literature 16 records found  1 - 10next  jump to record: Search took 0.00 seconds. 
Discharge of debtor as a method of resolving bankruptcy of a natural person
Rampová, Pavlína ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Abstract The main aim of this master thesis is to summarise legislation in force concerning the debt discharge of natural persons as one of the methods of resolving bankruptcy, to appraise this legislation and to discuss its possible future development. In introductory chapters of the thesis, the author defines the concept of bankruptcy, initiation of insolvency proceedings and its effects. Subsequently, thesis deals with a discharge of natural persons and concentrates on discharge proceedings as a whole - from a discharge permission and approval, decision concerning the mode of discharge, to successful termination of discharge proceedings where the debtor is discharged, free of debt. Thesis analyses the prerequisites of discharge permissibility, defines subjects actively legitimated to file a discharge application and furthermore, it lists possible forms of discharge and summarise the particularities of joint discharge of spouses. Equally, this thesis describes the specific legal issues caused by the application of provisions of the Insolvency Act which have not been sufficiently adapted yet and by the lack of their uniform judicial interpretation. This master thesis reflects the pro-debtor development of discharge in the Czech insolvency law and draws attention to the changes in insolvency legislation...
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...
Instruments of protection against fraudulent insolvency petitions
Růžičková, Lucie ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
This thesis aims to provide a summary overview of instruments of Czech law preventing insolvency petitions of being misused by the creditors and to asses, whether the current legislation provides sufficient protection for borrowers against fraudulent insolvency petitions and on the contrary, whether it does not disproportionately restrict the rights of creditors eligible to enforce their claims towards the borrower in bankruptcy. After the first chapter which defines the basic terms and concepts of the insolvency law, which are used further in the thesis, follows a chapter defining the term "fraudulent insolvency petition" itself and the common motivations of the creditors thereto. The third chapter analyses the particular instruments of private law suitable to provide protection against fraudulent insolvency petitions. The main part of this thesis is contained in the first part of this chapter, which describes the particular instruments of the Insolvency Act providing for protection of borrowers against fraudulent insolvency petitions. The following part of this chapter describes other instruments of private law that might be alternatively used against the fraudulent insolvency petitions. The fourth chapter then describes the criminal law consequences of the fraudulent insolvency petitions. In the...
Conciliation proceedings in civil procedure
Lakron, David ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Conciliation proceedings known as special type of civil procedure does not get too much attention. This problem can be seen from many perspectives. This diploma thesis strives to clarify nature of conciliation proceedings, showing its course and benefits. It tries to offer more comrehensive interpretation of it to non-professionals. All this to support the usage of conciliation proceedings. This actual problem underlines the effort of the legislator to support mediation to the prejudice of conciliation proceedings. Thus this thesis focuses on links between conciliation proceedings and mediation with comparison to benefits and disadvantages of both institutes. From this can be shown an increasing downfall of conciliation proceedings with absence to find support for more usage of this type of conciliatory resolution of dispute. This thesis not only focuses on clarification of nature of conciliation proceedings, it also tries to explain in which conciliation proceedings stands out and how it can help to solve disputes in conciliatory way, which can be seen like a good solution in many situations. At the same time this theses strives to give more coherent perspective on this institute of civil procedural law with drawing attention to course of conciliation proceedings based on practical part. Therefore...
Acquisition of immovable property in insolvency proceedings
Weagová, Evelina ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
As the topic of my master's thesis, I chose to focus on acquisition of immovable property in insolvency proceedings, especially from the point of view of the acquirer. This thesis aims to summarize the process of acquiring immovable property included in a debtor's assets and to call attention to specific procedural approaches and potentially complicated situations. I begin with an overview of the legislation applicable to the issue and then briefly define the related key terms which I use in the text. I believe it is important to consider which immovable property shall be included in a debtor's insolvency assets as well as the follow-up procedure if someone claims that certain immovable property should be excluded from the debtor's assets. I also discuss the general principles of insolvency proceedings, especially as regards liquidation of assets related to the acquisition of immovable property. Then I deal with particular methods of liquidation of assets. I briefly summarize the process of each method, outline possible positives and negatives, and specify the applicable appeals. Various obligatory approval processes are related with a particular method of liquidation of assets. The approval process with liquidation of an item serving to secure a secured creditor's claim is dealt with separately. As...
The issuses of the community property in insolvency proceedings, with the emphasis on the property and common discharge of debts
Pernecká, Sarah ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The Title of the Diploma Thesis The issues of the community property in insolvency proceedings, with the emphasis on the property and common discharge of debts. Resume: The aim of this thesis is to map the field of the issues of the community property in insolvency proceedings; both in case of solving the insolvency of the debtors through discharge of the debts and in case of the bankruptcy. These are very hot issues because the current legal regulations are insufficient in their reaction to the problems which appear in common practice. Another reason is the wide variety of these problems which the practice brings and which cannot be answered with the help of the law. I tried to point out some of them and in the second part of the thesis to propose some particular cases and their solutions. Regarding the contents of this thesis it is divided into two parts, namely theoretical and practical. The first part also contains in its introduction the evaluation of the current legal regulations and the amendments being prepared, in particular the amendment No. 64/2017 Coll., which will be effective since 1st July 2017 and brings a lot of essential changes. Further I focused on the terms community property (its formation, termination, object and potential modifications) and the term property (its securing and extent,...
Relation between Arbitration proceedings and Rules Of Civil Procedural Law
Vlnová, Jitka ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
77 Resumé The topic of this thesis is Relation between Arbitration proceedings and Rules of Civil Procedural Law. The thesis focuses on arbitration regulated by Act No. 216/1996 Coll., On Arbitration Proceedings and Enforcement of Arbitral Awards and looks for similarities in the proceedings in front of the ordinary courts, which is primarily regulated by the Act no. 99/1963 Coll., Civil Procedure Code. Arbitration uses provisions of the Civil Procedure Code in cases where the legislation provided by Act. No. 216/1996 is missing completely or is not sufficient. The work is divided into seven main chapters, which are further divided into sub- chapters. The first chapter describes rules for procedural managements of the arbitration proceedings. It draws attention to the legal possibility for the parties to agree on their own rules of procedure in the management and suggests that the parties' agreement may also directly refer to the legal provisions of the court proceedings. The next two chapters deal with theoretical introduction to the use of the Code of Civil Procedure in arbitration. They analyze the possibility of using the Civil Procedure Code from the perspective of the two major theoretical concepts of arbitration and define grammatical and teleological meaning of the provisions of the Arbitration Act...
The Role of Lawyer in a Civil Trial
Sedláček, Miroslav ; Macková, Alena (advisor) ; Winterová, Alena (referee) ; Vychopeň, Martin (referee)
This thesis looks at the role of the lawyer in a civil trial. This should always be conceived as the lawyer as a legal expert contributes to the carrying out of justice and also the basic objective of the civil trial being realised, i.e. securing effective protection of the rights and legally protected interests of individual persons. The thesis gives basic premises which in particular involve definitions of civil trial terms and the status of the lawyer, including the historical context of the development of the lawyer role within Czech territory. The main part of the thesis then looks at individual methods for representing parties in civil trial proceedings and the role of the lawyer is his different tasks. A comparison is further made with representation in proceedings before the European Union's Court of Justice. In the lawyer's professional activities, the observance of certain ethical principles which should be referred to in their work, as well as the basic premise of lawyer responsibility, also plays a role. The thesis' conclusion considers the opportunities of de lege ferenda in the lawyer's trial with the goal of noting the benefits in particular, but also the drawbacks of this solution. KEYWORDS Lawyer, civil trial, lawyer's trial
Reporting clauses in Czech and in English
Sedláček, Miroslav ; Dušková, Libuše (advisor) ; Malá, Markéta (referee)
This diploma thesis presents a contrastive description of reporting clauses in present-day original Czech and American fiction (published and awarded in 2010-2015). The examined reported clauses are limited to direct speech marked with a conventional means of punctuation. Based on six samples of fiction, three American ones and three Czech ones, this thesis examines reporting verbs, their diversity, the nature of the subject of reporting clauses, modification by adjuncts, the presence of an object expressing the addressee and the position of reporting clauses with respect to their reported clauses. It also scrutinizes the instances of leaving the reporting clause unexpressed and of certain transient forms. The ascertained values are then compared with a translatology paper on the same topic. The findings of this thesis confirm that while Czech reporting clauses strive for diversity by a number of means, English reporting clauses strive for inconspicuousness. This thesis attempts to contribute to a better understanding of reporting clauses. The outlined findings may be helpful especially to translators and fiction writers. Powered by TCPDF (www.tcpdf.org)
Reimbursement of the legal representation in civil proceedings with special focus on petty legal disputes
Machovič, Jakub ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Reimbursement of the legal representation in civil proceedings with special focus on petty legal disputes This thesis concerns with a development and current legislation and case law of the higher courts in cases of granting compensation for legal representation in court proceedings. After a brief historical excursion is described current legislation of the negotiation and providing a fee for legal services of attorney. Given the fact that's attorney's remuneration is granted as a part of the costs of proceedings, this thesis describes general rules for granting mentioned costs with a special focus on reimbursement of representation, in particular is discussed in terms of the effectiveness of legal representation. In the following, the largest part of the thesis issues recent development of costs of proceedings in "petty disputes" including a judicature of Supreme Court and Constitutional Court in a variety of situations. Described section of thesis briefly but comprehensively presents attitudes and intellectual trends of courts and legislators in concerned area. The thesis subjected the current legislation and case law to a criticism, and found out that in some cases is judicature and legislation in contrast of basic law principles and equity principle. The other two sections of thesis are mainly...

National Repository of Grey Literature : 16 records found   1 - 10next  jump to record:
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