National Repository of Grey Literature 174 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Factual findings and legal assessment
Janoušek, Jiří ; Winterová, Alena (advisor) ; Dvořák, Bohumil (referee)
FACT-FINDING AND LEGAL ASSESSMENT Abstract According to the difficulty of the subject and key question being discussed in this study, it is not the aim of this work to come up with one perfect solution of distinguishing between factual and legal question during an application of law in civil procedure. The theme of this study implies that the main goal is to get as close to actual explanation of any potential solution as possible, using predominantly an analytical method of legal research, and to approach this subject also from less traditional points of view. This work is focused on one of fundamental problems of procedural law which also has deeper theoretical basics. It starts with a typical scheme of an application of law where the factual question (consisted of perceiving and evidence) and legal question (where the iura novit curia principle is applied). After finishing the fact-finding process, these findings are subsumpted under a general legal norm. A subsumption itself is the centre of the problematics of incorrect legal assessment. The study also includes a different view on this classical model of application of law. A precise distinguishing between factual and legal questions in civil procedure has a big influence on several areas of civil procedure, while the most important part is the only...
The status of the insolvency practitioner within the insolvency proceedings and a supervisory activity of the court
Zezulka, Ondřej ; Winterová, Alena (advisor) ; Smolík, Petr (referee) ; Petrov, Jan (referee)
1 Název disertační práce v anglickém jazyce, abstrakt, klíčová slova The status of the insolvency practitioner within the insolvency proceedings and a supervisory activity of the court Abstract The thesis presents to readers both theoretical and historical background of the insolvency practitioner profession, characteristic attributes of performing function of the insolvency practitioner and a basis of so-called supervisory activity of an insolvency court over various subjects of the insolvency proceedings. The second chapter is dedicated to the central topic of the thesis which resolves the issue of the status and performance features of the insolvency practitioner within the insolvency proceedings. The interpretation exposes an ambivalent theoretical background supporting the profession of insolvency practitioner and fragmentation of opinions held by the professionals as to his genuine position within a judiciary system; these vary from private entrepreneurship towards an entity entrusted with public authority competences close to judicial commissioner. The next chapter comprehensively analyses a position of the insolvency court within the insolvency proceedings. The effort of the author is prevailingly directed to uncover the context between categorical requirements (principles) on conducting insolvency...
Fundamental Questions of the Conception of Civil Procedure
Střeleček, Tomáš ; Winterová, Alena (advisor) ; Ficová, Svetlana (referee) ; Lavický, Petr (referee)
Fundamental Questions of the Conception of Civil Procedure Abstract The dissertation deals with fundamental questions of the conception of civil procedure (civil contentious litigation). In order to deal with these questions, a system of fundamental questions is presented, serving as a prism for evaluation of the conception of the Czech civil procedure de lege lata and de lege ferenda. These fundamental questions are divided into fundamental questions of the conception of civil procedure largo sensu and stricto sensu. A deductive approached is employed, advancing the research from more general questions (i.e. inter alia character of contemporary democratic state based on rule of law and role of civil procedure within such state, a notion of civil procedure) to more particular questions (i.e. inter alia character of the relation between the court and the parties to the dispute, instruments of the court). The questions gradually narrow the space for the conceptions of civil procedure. Three general conceptions of civil procedure are distinguished. These are liberal, social and cooperative conceptions of civil procedure. Subsequently, special conceptions of civil procedure are distinguished, these do not deal with the relation between the court and the parties comprehensively (these are: conception based on...
Reorganization under insolvency law
Svoboda, Štěpán ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Reorganization under insolvency law Abstract The goal of this diploma thesis "Reorganization under insolvency law" is to provide coherent description of the most important legal institutes of reorganization, which is non-liquidation form of solution of bankruptcy and analysis of these institutes. Reorganization is regulated by the Act. No. 182/2006 Coll, on insolvency and modes of its solutions. The thesis is divided into two parts that are further divided into chapters and subchapters. The first part describes institutes of insolvency proceedings that are common to all forms of solution of bankruptcy with focus on reorganization. This part is divided into five chapters that describe initiation of insolvency proceedings, bankruptcy, content and essentials of motion on insolvency, effects of initiating insolvency proceedings and consideration of motion on insolvency and court decision about it. The second part contains analysis of the reorganization from its start to its end. This part is divided into eight chapters which explain institutes of reorganization in detail. First and second chapter provide a definition of the reorganization and admissibility of reorganization as defined by law. Third and fourth chapter describe motion on permission of reorganization and the method of its approving by creditors...
Reorganization under insolvency law
Svoboda, Štěpán ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Reorganization under insolvency law Abstract The goal of this diploma thesis "Reorganization under insolvency law" is to provide coherent description of the most important legal institutes of reorganization, which is non-liquidation form of solution of bankruptcy and analysis of these institutes. Reorganization is regulated by the Act. No. 182/2006 Coll, on insolvency and modes of its solutions. The thesis is divided into two parts that are further divided into chapters and subchapters. The first part describes institutes of insolvency proceedings that are common to all forms of solution of bankruptcy with focus on reorganization. This part is divided into five chapters that describe initiation of insolvency proceedings, bankruptcy, content and essentials of motion on insolvency, effects of initiating insolvency proceedings and consideration of motion on insolvency and court decision about it. The second part contains analysis of the reorganization from its start to its end. This part is divided into eight chapters which explain institutes of reorganization in detail. First and second chapter provide a definition of the reorganization and admissibility of reorganization as defined by law. Third and fourth chapter describe motion on permission of reorganization and the method of its approving by creditors...
Public prosecutor's office in civil proceeding
Pavlásková, Zdeňka ; Macková, Alena (advisor) ; Elischer, David (referee) ; Winterová, Alena (referee)
This dissertation is divided into a general part (chapters 1 through 6) and a specific part (chapter 7). The general part contains chapters devoted to the historical development of public prosecution and the office of the public prosecutor with an emphasis on developments in civil proceedings, primarily after 1989. Further attention is dedicated to a current expert discussion of the constitutional position of the office of the public prosecutor within the system of state power. Explanations are also given for the independence and impartiality of the office of the public prosecutor in a qualitative comparison with the independence and impartiality of the courts. The following part of the dissertation focuses on a description of the framework of the office of the public prosecutor, including the new institution of the Institute of the European Public Prosecutor. The subsequent chapter is concerned with the organisation and staffing of the non-criminal division of the public prosecutor's office on all levels. This is followed by a chapter devoted to the legal sources amending and relating to the non-criminal activity of the office of the public prosecutor. A substantial part of the general part of this dissertation consists of a description of the role of the office of the public prosecutor in civil...
Mediation in the Czech Republic
Geryková, Nella ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Mediation in the Czech Republic Abstract This thesis follows mediation as one of the methods of alternative dispute resolutions in the Czech Republic. The adoption of Act No. 202/2012 Coll., on Mediation and Change of Some Laws, which set the conditions for the performance of mediation in noncriminal matters, represents an important milestone in the development of mediation in the territory of the Czech Republic. This thesis is focused on the mediation process; its main aim is to define the phases through which the mediation passes and also the rights and duties of the mediator, their characteristics and their theoretical basis. This thesis is structured into an introduction, four chapters and a conclusion. The first chapter introduces the concepts of mediation and the parties of the conflict, the development of mediation abroad and in the Czech Republic, also defines the types of mediation and the areas of its application, with an emphasis on family mediation. This chapter is also devoted to the relationship between mediation and court proceedings. The end of the opening chapter offers a list of the advantages and the disadvantages of using mediation for settling conflicts, comparing mediation with court proceedings in some aspects and justifying why mediation can be a more attractive alternative for...
Filing and settling of claims in insolvency proceedings
Karas, Ivo ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Filing and settling of claims in insolvency proceedings Abstract The aim of the thesis was to provide a comprehensive picture of the two mutually interconnected topics: (i) classification of claims from the perspective of insolvency proceedings and (ii) filing and settling of claims in insolvency proceedings. Bankruptcy has always accompanied human societies from its very beginnings when people began to exchange goods and provide services. The importance of regulation of bankruptcy is even up with growing trade exchange. The matter stays in focus of lawyers in Czech Republic because the related case law is constantly evolving, which provides the legislator with useful inputs for amendments of the statute law. The source of the amendments of the statute law is also a change in social conditions and recent public policy efforts to make debt releaf and exemption from remaining debts admissible for poor debtors. The 1st part of the thesis is a theoretical introduction focused on the nature of insolvency proceedings (including comparison with general individual civil proceedings), subjects in insolvency proceedings and legal principles governing this procedure. In the 2nd part, I analyzed the classification of claims as the insolvency statute law distinguish them, especially with regards to determination of the...
Types of civil actions in the civil process
Rosa, Adam ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Types of civil actions in the civil process This graduation paper is divided into four chapters. The first chapter describes an action as such. It covers most aspects of an action such as the elements of an action, defects, consequences of filing an action and possible dispositions. An analysis of these aspects should enhance the reader's orientation in the legal terms and help to understand the context and relations between individual types of actions in the following chapters. More focus was put on the prayer for relief as a key element used to categorise individual types of action. The section "Prayer for relief and its types" provides several examples that could help clarify the issue of their categorisation to the non-professional public. The second chapter describes the modern history of the types of actions and the development of procedural legislation. It also contains a reference to the new drafted rules of judicial procedure as a considered replacement of the current Rules of Civil Procedure. The third chapter provides a categorisation of actions and their individual types. Major focus is devoted to the highly discussed declaratory action, plea of res judicata, and the binding nature of the court's justification. Each analysed type of action contains at least one practical and informal...
Proceedings in matrimonial cases
Schopp, Michaela ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
My master thesis is dedicated to proceedings in matrimonial cases - namely proceedings of marriage authorization and status matrimonial case proceedings. However, the main focus of my thesis is dedicated to divorce proceedings mainly because it is the most frequent proceeding from all in matrimonial cases and also because divorce represents a social phenomenon of current society. The whole thesis is composed of three main segments along with an introduction and conclusion. The first segment of my thesis classifies proceedings in matrimonial cases in accordance with legal taxonomy as a part of uncontested proceedings. Then further describes the reason of division of uncontested proceedings from the Code of Civil Procedure and also relation between the Code of Civil Proceedings and the Act of Special Court Proceedings. The following chapter engages in proceedings in matrimonial cases at first generally, then introduces the institute of marriage itself, follows enumeration on all types of matrimonial proceeding, analyses them and compares their differences and resemblances. Nevertheless divorce procedure is described in detail in the next segment of my thesis. A separate part is dedicated to the divorce of marriage which consists of several chapters including divorce from sociological point of view,...

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