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Court's executions by sale of movables
Erbová, Martina ; Smolík, Petr (referee) ; Mikeš, Jiří (referee)
1. Abstract The English version: I chose court's execution by sale of movables as a topic for my thesis because it's a part of daily routine in my current profession. Execution is an important topic in the current society and it should be natural that everybody understands basic institutes of legal provisions in execution proceeding. I analyze not only the current legal provision for execution proceedings. I assess specific law institutes that are connected with legal proceedings. I also assess the changes that can occur in the legal framework in the future and that government tries to pass. I also point out an issue of the current two-way character of court's execution done on the basis of Code of Civil Procedure with execution done by executor on the basis of Code of execution.
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Reimburse function of the right of a lien from the perspective of contemporary practice
Fraňo, Michal ; Mikeš, Jiří (advisor) ; Dvořák, Jan (referee)
The offered work is a guide to the process of the realization of the lien in its most sensitive stage- in the realization of the pledge and satisfying secured creditor. The text is focused on the real practice in the various degrees of the process. The content of the work aims primarily to the civil proceedings, but it is impossible to ignore the substantive-related institutes in the complex interpretation of the problem, such as the creation and the termination of the lien, accessories to the pledge, definition of the pledge in the relation to bulk things - composed of various interlinked items sold as one whole - such as an enterprise and to collections of things such as a batch of horses etc. The work is concerning separate steps in the process of the realization of the lien and aims its effort mainly to the mortgage. The issue of personal things s is rather marginal. Nor the legislation makes no essential differences between a mortgage and a lien on personal things. The author left completely aside the issue of property rights such as shares, claims, objects of the intellectual property etc. Introduction of the paper briefly outlines historical origins and practical importance of the lien. It is followed by overview of the sources of the applicable law, as necessary preliminary work with the...
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Acquiring the right to own real property
Kozderková, Štěpánka ; Mikeš, Jiří (advisor) ; Dvořák, Jan (referee)
91 Acquisition of real property Abstract In the Czech Republic, acquisition of real property is generally regulated by the Civil Code, which was passed in 1964, in the time of socialism. In that period, private ownership of real property was not considered desirable. After 1989 the Czech Civil Code was amended many times to conform to conditions of the rising market environment. Despite numerous updating, the Civil Code is still an inconsistent codification of civil law. The goal of my diploma paper is to describe particular ways of real property acquisition with a view to judicial decisions of Czech courts. The thesis is composed of twelve chapters, each of them dealing with different aspects of acquisition of real property. Chapter One is introductory and defines basic terminology used in the thesis: proprietorship and real property. Chapter Two of this paper deals with the meaning of the terms immovables or real property mean in Czech legal order. The sphere of realties is set up in quite a complicated and incomplete way, because Czech law of realties is specified by its diversion from the principle of "superficies solo cedit". It practically means that the owner of a tract of land can be a person different from the proprietor of a building constructed on the tract of land. Czech law classifies real...
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