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Legal status of a minor in civil proceedings
Sedláčková, Kristína ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Legal status of a minor in civil proceedings The diploma thesis describes different stages and types of civil proceedings in their relation to the legal position of a minor (person under the age of 18). Legal position of a minor is assessed mainly in relation to his mental capacity and to the procedural rights to which the minor is entitled. The thesis approaches all of the civil proceedings from the point of view of a minor and points out all proceedings in which the minor can find himself to be a witness or a party. The main focus is given to the proceedings governed by the Act no. 292/2013 Coll., Code on Special Court Proceedings. A detailed description of the proceedings regarding interim relief, the court proceedings itself as well as the execution of a court decision is given. Furthermore, the implementation of the UN Convention on the Rights of the Child into the Czech civil proceedings was assessed. The main focus of this assessment was given to the best interest principle and to the child's right to be heard in matters directly affecting him. Each proceeding is also analysed from the point of the public authorities and other parties involved. In particular, the thesis assessed the position of the court (judge), of the child care services and the legal guardians of the minor. The main goal of the...
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Debtor's estate in insolvency proceedings focusing on realisation of immovable things
Hafner, Jakub ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Resumé AJ Bankrupt's estate is the cornerstone of bankruptcy proceedings, also known as insolvency proceedings, and serves as the initial point for this thesis. Without the knowledge of the scope of this term and its interconnection with other institutions it would not be possible to achieve one of the main aims of insolvency proceedings, the satisfaction of creditors' claims. The main focus of this work is realization of immovable property, i.e. the process of transformation of property included in the list of bankrupt's estate, during which the insolvency trustee must proceed in accordance with the instruction of the secured creditor. Ideally, security of the creditor shall be chosen from one of the methods in the enumerative list provided for by the Insolvency Act. The goal of the thesis is to define the process of realizing immovable property in a comprehensive manner, and to evaluate positives and negatives of the respective methods, including their practical aspects. The work is divided into eight chapters, which are composed to reflect the overall image of the process of realizing the bankrupt's estate, beginning with the term proper and ending with the resolution on the release of the yield of realization to the creditor. The first chapter provides a brief introduction of the issue as well as giving...
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Insolvency petition and its misuse
Kadlec, Tomáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The goal of this thesis is to explain the conception of the insolvency petition and to solve issues arising from the misuse of the insolvency petition including the motivation to file such an unlawful claim. Under the Czech law, the Insolvency petition is an important part of the insolvency proceedings that are initiated at the moment when an insolvency court receives the insolvency petition. Particular legal requirements of the insolvency petition, which would be able to initiate demanded consequences, were analysed step by step in this thesis too. Differences between the situations when the insolvency proceedings were initiated by the creditor or by the debtor were also specified. Significant part of this thesis deals with matters relating to the misuse of the insolvency petition. The overview of the principle of misuse of law in civil law was given at the beginning of this part. One of the objects of the chapter was also to determine the motivation to submit an unlawful insolvency petition as well as the characteristics of this illegal claim. Subsequently, the possibilities of defense against the unlawful insolvency petition were stated. Some of these defence mechanisms are explicitly mentioned in the Act No. 182/2006 Coll., on Insolvency and methods of its Resolution (Insolvency Act), the rest...
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Emergency rulings in civil procedure
Rambousková, Zuzana ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Emergency ruling is an often used institute in czech law, which can provide a noticeable protection for who is claiming of his issue. The purpose of emergency ruling is to settle temporarily legal relations or to ensure an enforecement of decisions, if later enforcement of decisions would be undermined. It is a security institute that does not definitely settle right and duties of the parties of an action, determination of rights and obligations is going to be settled only in meritorious proceedings. Emergency rulings are used in such situations that require a prompt and effective solution, whatever area of life it is. Characteristic feature of emergency rulings is an urgency and immediacy, with which court have to decide on proposals. Only in this manner it is possible to protect one's rights effectively. The fact, that the court must decide on quite quickly brings also the risk of incorrect desicions, so it happens to form a damage occasionally. The thesis is composed of three chapters. The first one explains what is nature and purpose of emergency rulings, it's function and also enumerates types of emergency rulings. The second chapter is dealing with general legislation of emergency rulings, as it is set in Civil code procedure. The third chapter is divided into two subchapters, while the first...
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Intestate succession in the comparative prospective
Vaňasová, Markéta ; Macková, Alena (advisor) ; Thöndel, Alexandr (referee)
Mgr. Markéta Vaňasová Topic of the rigorous thesis: Intestate succesion in the comparative prospective ABSTRACT The main aim of this rigorous thesis named "Intestate succession in comparative prospective" is in particular comparison between current Czech legislation regarding the succession law with the legislation in the area of succession law of few other countries - namely with Spain, Catalonia and Mexico. This thesis does not deal only with the substantive law in the area of succession, but also with the procedural legislation of succesion law, including succession with an international element. My ambition, while writing this rigorous thesis, was to create a systematic overview of intestate succesion in the Czech Republic, by using the valid legislation, experts' literature (mainly foreign) and the case law; pointing out the practical problems of valid legislation and its comparison to the legislation in the area of succession law in the above mentioned countries.
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Types of civil procedure
Hošek, Martin ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with types of civil procedure and it is divided into six parts. The first part generally focuses on civil procedure, definition of its subject and its relation to substantive law. There is also described its development since era of ancient Rome till presence. The second chapter focuses on the most important type of civil procedure, which is civil trial proceedings, that is divided into contentious and non- contentious proceedings. At first there is described contentious procedure aiming on its basic principles, goal, rights and obligations of participants and its procedure. The part devoted to non-contentious procedure contains common and different characteristics with contentious procedure, basic principles, specification of participants, general procedure and description of chosen types of non-contentious procedure. Based on its continuity the third chapter is dedicated to enforcement procedure. The chapter is subdivided to parts focused on writ of execution, general procedure and possible ways of its end. Next chapter's subjects are conciliation procedure, preliminary injunction and securing of evidence. The fifth chapter is devoted to bankruptcy proceedings, which deals with bankruptcy of debtors in various ways. There are specified its entities, term bankruptcy, its...
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The solution of insolvency of a debtor by his discharge
Šmejkalová, Alice ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The thesis named The solution of insolvency of a debtor by his discharge focuses on characteristics as way of solutions of insolvency of a debtor - discharge according to Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The whole thesis is divided into five chapters. The core of the thesis is in the third chapter dealing with the discharge of the debt. The first and second chapter deals with insolvency proceedings and the bankruptcy and its solutions. The bankruptcy and its variants are defined here as well as the description of rehabilitation and liquidation solution of insolvency. The fundamental and the largest chapter is the third chapter, which deals with the institute of the discharge as one of the rehabilitation solution of the insolvency of a debtor. In subchapters there are described forms of debt discharge, audition, payment schedule and combination both of these. The advantages and disadvantages are mentioned for each form of debt discharge. The course of the insolvency proceedings is described from the submission the insolvency petition until the end of the insolvency proceedings including the decision on fulfillment of discharge and release from debts. The statistics relating to insolvency proceedings focused on discharge are analyzed in fourth chapter, the...
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Burden of proving in disputes regarding damages
Městecká, Irena ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Thesis title: Burden of proving in disputes regarding damages The issue of providing evidence in disputes regarding damages is a theme involving many questions, whose legislation seems to be questionable in some cases. This aspect is compensated for and supplemented by application practise, which makes the theme continuously relevant. The aim of my diploma thesis is to provide a general, descriptive, and comprehensive interpretation of the specifics of providing evidence in disputes regarding damages. Another objective of this diploma thesis is to demonstrate that it is difficult to gain insight both in theoretical and in practical issues of the burden of proof because the opinions of courts and some of the authors specializing in this issue are different in some cases. The first part deals with the general notion of evidence in the civil procedure. I mention the concept and the subject of evidence and its importance in the civil procedure. I also mention selected legal principles connected with providing evidence. A further focus of this part is on procedural obligations of the parties, especially on the obligation of claims and of the burden of proof. It is based on theoretical concepts by significant authors (especially J. Macur). The burden of proof and the related institutes of providing...
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Commencement of an enforcement procedure by a licensed enforcement officer in comparison with an enforcement procedure ordered by a court
Kapitán, David ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The content of this thesis is the treatise on the two methods of the enforcement procedure in the frame of the civil procedure, whereas one of these methods is the enforcement procedure carried out by a court, with second method being the enforcement procedure by a licensed enforcement officer. The thesis is divided into thirteen chapters, whereas the author is, in the course of the individual chapters, emphasising mainly the common features as well as the outstanding differences between the aforementioned two methods of the enforcement procedure. Following the general introduction in the first chapter and a short outline of the issue at hand in the second one, is then the content of the third chapter the author's treatise on the enforcement orders as the basis for the enforcement of decisions, whereas each of the individual enforcement orders is dealt with in the frame of a separate subchapter. The content of the fourth chapter is the treatise on the court's course of action preceding the commencement of the enforcement procedure with reference to the regulation of the identical institutes in the course of the enforcement procedure carried out by a licenced enforcement officer and the fifth chapter deals with the issue of commencement applications as the mean of commencement of the procedure most...
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Action for exemption of claim within the enforcement of judgment by a court officer, by a private executor
Páslerová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This thesis aims at a close examination of the problematic position of a third party in the proceedings to compel the execution of judgement and the execution proceedings. The only defensive instrument of a third party against the encroachment on their rights is the action to exempt a claim, which is the focus of my thesis. Although it is a defence against the proceedings to compel the execution of judgement and execution proceedings, the hearing about the action to exempt a claim is liable to a special type of the finding trial proceedings. The thesis includes also a short discourse on the proceedings to compel the execution of judgement and execution proceedings as these proceedings precede the action to exempt a claim. The thesis is divided into ten chapters. The first chapter is an introduction to the problems of the action to exempt a claim, which includes setting the target of my thesis. It is linked to the second chapter where I define the main terms used in my thesis. The third chapter is formed by a short historical excursion into the proceedings to compel the execution of judgement, execution proceedings and the action to exempt a claim. This chapter is further divided into subsections according to the law of a particular country and timeline. The following chapter Four contains the...
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