National Repository of Grey Literature 528 records found  beginprevious331 - 340nextend  jump to record: Search took 0.01 seconds. 
Preliminary ruling
Svobodová, Kristýna ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
1 Resumé Preliminary Ruling In some situations, it is not possible to wait for the court judgement in the case itself. Then there is the need for providing the legal protection of these rights before the meritorious judgement, for otherwise there would be a risk that the judgement in the case itself would have no real consequence or it would be impossible to execute. For this reason the institute of precautionary measures was established. This institute is an extraordinary instrument of temporary law protection, which should be naturally followed by the proceeding in the case itself. However, a proceeding in case of precautionary measures is basically an independent proceeding, and its result does not prejudge the court judgement in the case itself. In order to fulfil the objective of a precautionary measure, its proceeding must follow certain specifications. These variations are the subject of this thesis, which tries to present various perspectives on these proceedings specifications. Those are mainly jurisdiction without hearing of the parties, different regulations in delivery, judgement reasoning, simple verification of some facts, and establishment of caution. This regulation of proceedings was many times the subject of analysis of compliance with the constitutional order, especially with the right to...
Characteristics and Development of Combat Sport Sambo
Chmelka, Radim ; Pavelka, Radim (advisor) ; Smolík, Petr (referee)
Name: Characteristics and Development of Combat Sport Sambo Objective of the work: Characterize sambo and its development in the world and the Czech Republic, to point out the differences between sambo and judo. Acquaint the public with this sport, so they gain knowledge of the rules, literature, history, personalities and organizations. Methods: The method of collecting information was studying literature, interviews and personal communication trainers and representatives of the Czech sambo federation, also Slovakian and Russian sambo representatives. Results: In the course of writing this thesis, we have learned more about the situation of sambo in our country and in the world of literature, sambo organizations and the differences between different types of sambo and judo. We have explained the main rules, so that everyone reading this thesis can understand the sport and gain basic knowledge of it. Key words: sambo, sports sambo, combat sambo, judo
The position of insolvency trustee and its equivalent under the laws of the Kingdom of Spain
Plívová, Kateřina ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The position of insolvency trustee and its equivalent under the laws of Kingdom of Spain The purpose of this thesis was to describe main features of Czech and Spanish legal regulation of insolvency trustee respectively insolvency administration and also to point out to some of the major differences between these two legal orders and pros and cons of concrete legal regulation. This thesis is divided into five chapters. Opening chapter reflects a concept of insolvency law and its understanding and basic characteristic in the Czech Republic and the Kingdom of Spain. Further it also describes inclusion of insolvency law into the legal system and its sources. The second chapter is dedicated to the matter of insolvency proceedings in the Kingdom of Spain. This chapter was included to this thesis for better understanding of this matter, due to the fact that it is not possible to describe the position of insolvency administration without knowledge of wider context and character of Spanish insolvency proceedings or at least it would be considerably difficult and it would exclude understanding of some of the institutes or procedures of insolvency administration. Succeeding this part there are two chapters each of which is dedicated to one of the legal orders. The third chapter deals with the Czech insolvency...
Arbitration clauses in consumer contracts and their limits
Drápal, Martin ; Smolík, Petr (advisor) ; Zoulík, František (referee)
The thesis clarifies some of the issues related to the concluding and use of arbitration clauses. Paying particular attention to the protection of the consumer as the weaker party in the Czech legal system and the European law. It deals with the assessment of the nature of the arbitration clause, whether it is substantive or procedural action. To this end the thesis analyzes the arbitration theories, namely the contractual theory, jurisdictional theory, the hybrid theory and the autonomous theory, and evaluates consequences of these approaches individually especially with regard to the consumer protection. It also deals with the possible assessment of the arbitration clause as an unfair term according to the Council Directive 93/13/EEC on unfair terms in consumer contracts, with regard to the related case law of the Court of Justice of the European Union and the implementation of the Directive into the Czech legal system The thesis also concentrates on arbitration clauses referring to the rules of the private arbitration centres with regard to the turnover of the Czech case law upon this subject. In particular the impact of the turnover on arbitration clauses is assessed with regard to the legitimate expectations of the recipients of legal norms entering them and to potential conflict with good morals.
Discharge of Debts as a form of Insolvency solution of a Debtor
Vašíčková, Veronika ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The rising availability of consumer loans causes an increase of debtors who aren't able to carry out all their monetary obligations. They get into financial problems which often end in several current executory proceedings. For debtors this situation is apparently hopeless and many of them try to solve it by using bridging loans. This leads to deepening of their personal financial crisis. The Insolvency Act No. 182/2006 Sb. which contains the regulation of the Discharge of Debts brings a solution for such debtors. Discharge of Debts as one of the ways of sanitation of debts in Czech law represents modern trends of European and American Insolvency law that joins the debtor back into the economic life. Discharge of Debts represents a possibility to solve the debtor's unbearable financial situation and to keep at least partially his living standards. For creditors it can be a way how to obtain at least part of their claims by the legal procedure. This text deals with actual Czech regulation of Discharge of Debts and compares it with foreign German regulation. In the first two chapters the basic terms and admissibility of Discharge of Debts are clarified and generally compared with Discharge of residual debts by the German law. Subsequently the author reports on single phases of insolvency proceedings...
Detention proceedings
Andělová, Kateřina ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
The detention proceedings constitutes a heavy intervention into the individual's right to personal freedom guaranteed by the Czech Constitution in a way of involuntary stay in hospital. The basis of present legal regulations of detention proceedings is necessary to see especially in the Czech Declaration of Human Rights And Freedoms (article 8, clause 6) that continues European Convention on Human Rights (article 5, clause 1e) specifying that (only) law constitutes, in which events individual may be kept in a hospital without his acceptance.
Specific Problems of Law Enforcement Proceedings according to Act. No. 120/2001 Coll. on Private Law Enforcement Officials and Enforcement Proceedings (Law Enforcement Act)
Kořínek, Otakar ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This thesis deals with the specific problems of civil law enforcement (law enforcing the judicial and administrative decisions which are not fulfilled voluntarily) in the legal environment of the Czech Republic effective to 1st October 2012 with focus on the activity of private bailifs (executors). Enforced fulfillment of decisions by the state authority is percepted as rather controversial by the public and media. In the first part of this thesis I concentrate on the most controversial parts of law enforcement. Further, I divide chosen problems into general part dealing with the general concepts of executional proceedings and specific part dealing with specific legal problems attributable to specific kinds of executional proceedings. Other comprehensive part deals with the costs of executional proceedings carried out by the private executors as it has been formed by the decisions of the Czech Constitutinal Court. At the end I concentrate on the comprehensive novelization of the Czech executional law effective as of 1st January 2012.
Selected problems of application of the Insolvency Act
Kulíř, Martin ; Pohl, Tomáš (referee) ; Smolík, Petr (referee)
Selected problems of application of the Insolvency Act On the 1st of January 2008, Act No. 182/2006 Coll. on Insolvency and its Resolution (Insolvency Act), which constitutes the substance of current legal regulation of bankruptcy law in the Czech Republic, came into force. There was a need to adopt new regulation emerged not only as a result of obsolescence of the original regulation, which - despite numerous direct or indirect amendments - was not able to respond adequately to economic changes, but also due to the necessity to adjust bankruptcy law to European legal regulations. The Insolvency Act together with implementing regulations form the basis of an entirely new and complex legal regulation which stands on its own principles, introduces uniform insolvency proceedings for all kinds of resolutions of insolvency and also new forms of insolvency resolutions. In addition to bankruptcy as a traditional and liquidating form of insolvency resolution, the Insolvency Act introduces a reorganisation and a discharge of debts as preservation methods of insolvency resolution which might be more profitable both for the debtor and his creditors. Reorganisation is designated for entrepreneurs, while discharge of debts was adopted as a resolution of state of insolvency of non-entrepreneurs. But this current legal...
Insolvency from the view of debtor - natural person who is not entrepreneur
Tabach, Daniel ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
In my doctoral thesis I am trying focus on today's often discussed theme: insolvency of debtors - natural persons who are not entrepreneurs. This debtors are insolvent and unable to pay debts. The debtors must solve this problem under Act No. 182/2006 Coll. on Bankruptcy and its Resolution (Insolvency Act). Insolvency Act provide the condition of a person that is insolvent or bankruptcy proceedings. The main aim of insolvency law is the satisfiction creditors without socially unacceptable concequences. In the first part of my thesis is placed the presentation of theoretic terms of insolvency law, e.g. petition for a bankruptcy order, adjudication order. Further I am trying to describe two forms of solving insolvency of natural persons - bankruptcy and the discharge from debt that takes in account the situation of the individual debtor. The discharge from debt may apply to natural persons who are not entrepreneurs. The discharge from debt may be implemented by liquidation of assets or by repayment according to a repayment schedule. Bankruptcy may be implemented only by liquidation of assets.
Limits of reorganization in insolvency proceedings
Kraus, Radek ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
This thesis deals with the theme "Limits of reorganization in insolvency proceedings." Thesis is divided into eight chapters. First chapter defines the concept of reorganization and insolvency proceedings regardless of the specifics of individual national laws and arranges them into the legal scheme. Second chapter deals with the development of insolvency throughout history. Specific attention is paid to the Bankruptcy and Settlement Act ("zákon o konkurzu a vyrovnání"). Third chapter describes the American regulation of insolvency, which is the major inspiration for most modern insolvency regulations, especially chapter 7 and 11 United States Bankruptcy Code, i.e. liquidation and reorganization. Fourth chapter describes the German regulation, because the German regulation played a huge role in the process of making of the Czech Insolvency Act ("insolvenční zákon"). Both foreign adaptations are examined primarily through the lens of reorganization; other institutes are described and evaluated only in if they seemed to be important as an inspiration for the de lege ferenda regulation. Since the reorganization cannot be defined without a broader procedural context, fifth chapter is devoted to description of the basic institutes of the Insolvency Act. Chapter Six and Seven thoroughly describe the...

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