National Repository of Grey Literature 625 records found  beginprevious380 - 389nextend  jump to record: Search took 0.01 seconds. 
Preliminary ruling in civil proceedings
Klimešová, Kristýna ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This thesis revolves around one of the secure institutions of the Czech civil procedural law which provides the settlement of legal relations on a temporary basis or ensures the possibility of realization of an execution of judgement. The goal of this thesis is to demonstrate a complete summary of Czech legal regulation of a preliminary ruling in a civil proceedings, which can be used in situations that renders immediate solutions necessary and is impossible to hold back until the decision on merits.The thesis is composed of five chapters. The first chapter explicates the preliminary ruling as the civil prodecural law institute and demonstrates the various types of preliminary ruling. The conclusion of this chapter highlights the legal nature of this institute which includes preliminar and temporal settlement of a legal relations between parties to an action. The second chapter briefly outlines the history of the preliminary ruling in Czech legislation. Chapter three, the most important part of the thesis, is concerned with the general preliminary ruling. The structure of this chapter respects the system of a legal provisions contained in Civil Procedure Rules. The third chapter is subdivided into thirteen subchapters. The first seven subchapters illustrates preconditions of a civil procedure of a...
Proceedings relating to decedent's estate
Chvalinová, Barbora ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The title of my Master's degree thesis is "Proceedings relating to decedent's estate". I have chosen this topic because of many reasons. Although it is a traditional institute of civil procedure law, the topic is still very actual with regard to the new legislation in the Act No. 89/2012 Coll., The Civil Code, which was a significant extension of inheritance law, and the related procedural legislation in the Act No. 292/2013 Coll., on special judicial proceedings. Another reason is that I find this topic interesting, mainly because of its complexity and significant blending of procedural and substantive legislation. Since participation in inheritance proceeding is an inevitable issue in person's life, I wanted to extend my knowledge of the new legislation. Moreover I find this topic wrongfully overlooked in advocacy, to which I would like to head after graduation. The aim of the thesis is to describe the course of proceedings relating to decedent's estate and to show the different stages of the procedure and also include important substantive aspects and institutes which affect this procedure in the extent necessary. With regard to the adoption of new legislation I tried to highlight the most important changes and differences between the new legislation and legislation effective until 31. 12. 2013,...
Reimbursement of costs of proceedings in petty cases
Zuska, Pavel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis is to point out the increase of the amount of the petty cases, to analyze its reasons, to describe the development of the relevant legislation and case law and to deal with some main legal arguments related to the issue of the reimbursement of the costs of proceedings in petty cases. The reason for my research is mainly its topicality and rapid evolution in a few past years. The boom of the mass claim recovery realized by the specialized "debt companies" was the reason of the legislative amendments and led to the ground-breaking decisions of the Constitutional Court, which resulted in the repeal of the regulation No. 484/2000 Coll. The thesis is composed of the introduction, four chapters and conclusion. The introduction is focused on the reasons of my choice of the topic and on the definition of the specific kind of petty cases my thesis is related to. Chapter Two provides the general overview of the institute of reimbursement of costs of proceeings, examines the varieties of the costs of proceedings, explicates the general principles the reimbursement of costs of proceedings is based on, explores the remedies and deals with the reimbursement of costs of enforcement proceedings. Chapter Three describes the growing amount of the petty cases, analyzes its reasons and reviews...
Legal occupation in the judiciary and their interrelationship.
Kramer, Jaroslav ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of this thesis focuses on various legal professions within the Czech Republic, such as attorneys, notaries, bailiffs and judges. These occupations are often associated with civil judiciary process. The purpose of this thesis is to define the foundations of their legal status, including the scope of their activities, and how they differ. Additionally, the thesis focuses on the role of individual professions. Firstly, important elements, such as confidentiality, independence, autonomy or responsibility will be analyzed. Secondly, the thesis will address significant problems in defining the role of the legal profession. Finally, the thesis will include several challenges lawyers face in the 21st century, for example, the provision of legal services by non-professionals. Powered by TCPDF (www.tcpdf.org)
Liquidation of probate estate due to excessive debts
Libert, Karel ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with one of the civil procedure institutes, liquidation of probate estate due to excessive debts, also known as liquidation of heritage that is newly designated as liquidation of inheritance. The thesis aims to comprehensively cover the liquidation-of-inheritance-procedure, from the opening of inheritance proceedings till the issuance of the decision resolving the case. The thesis is divided into five sections. Introductory section explains the terminological shift from the concept of liquidation of heritage to the concept of liquidation of inheritance, it acquaints the reader with the legislation changes that took place at the turn of 2013 and 2014 and it outlines the differences between liquidation-of-inheritance-procedure and the standard inheritance proceedings. The second section of the thesis seeks to define the concept of liquidation of inheritance. The definition is being found within the sense and purpose of the legislation of this institute and it is also stated that the legal definition of this institute has not been legally established. In the third section of the thesis, there is a concise summary of development of the liquidation-of-inheritance-legislation in Czechoslovakia and the Czech Republic since the late 19th century to the twentieth century. It may be noted,...
Unfair terms in consumer contracts in the scope of the Council directive 93/13/EEC
Fabian, Petr ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
- Anglický jazyk Unfair terms in consumer contracts in the scope of the Council Directive 93/13/EEC The protection of consumer against unfair terms in consumer contracts was enacted to our legal order by the transposition of the Council Directive 93/13/EEC, on unfair terms in consumer contract. Until the day of the entry of the Czech Republic to the European Union, there was no legal regulation of the unfair terms in the Czech Republic. Firstly, the aim of this thesis was to evaluate the pros and cons of the Council Directive 93/13/EEC. Consequently this thesis deals with the detailed analysis of the transposition of the directive to the legal order of the Czech Republic. As for the questions de lege ferenda, from this point of view thesis proposes the way of elimination of the lacks of the Council Directive 93/13/EEC and the lacks of the regulation of unfair terms in the valid Czech Civil Code. In the case of the new Civil Code the thesis deals mainly with the questions of conformity of the new Civil Code to the valid Council Directive 93/13/EEC and also deals with the future evolution of the consumer law at the level of the European Union. This thesis also compares the way of transposition of the Council Directive 93/13/EEC in the Czech Republic with the way of transposition of this directive in...
Decision of court and judicial distrainer in execution proceeding
Sedláčková, Gabriela ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of this rigorous work is a decisions of court and judicial distrainer in execution proceeding. The pillar of the work is the decision about proposal to decree the execution, decision about proposal for execution stoppage and decision about execution postponement. The goal of work is to describe the process of key decisions in execution proceedings issued with a focus on dividing of authorities between judicial distrainer and the court. In the work, there is a comparison of legal regulation before and after legal force of amendment of execution code Act 286/2009, its impact in connection with information from legal practice. Connected amendment is the Act No. 396/ 2012 valid from 1.1.2013. This description is supposed to be the outline of how the authority of judicial distrainer is being strengthened and where the decisions in execution proceeding turn. The work covers also the comparison with Slovakian legal regulation of execution proceeding and description of legal regulation for dispensation of decision in Germany.
Ownership acquisition
Pitrák, Jan ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This paper deals with the means of ownership acquisition as defined in Civil Codes applicable within the contemporary Czech Republic. The comparison of individual means of acquisition defined in civil codifications provides an overview of the development of this institution over the past two hundred years, a pertinent issue nowadays, taking the way in which the institution has been defined in the New Civil Code into account. The paper describes the acquisition means of the right to property in individual Civil Codes and does not leave out historical events impacting the ownership relationship which were reflected in legal regulations concerning property acquisition. Therefore, it provides basic information on the development of the means of acquiring the right to property and its anticipated future form.
Extrajudicial Resolution of Property Disputes in the Czech Republic
Kraus, Jan ; Frinta, Ondřej (advisor) ; Pohl, Tomáš (referee)
This work is about the development of forms and resolving property conflicts since the establishment of the Czechoslovak Republic to the present. It focuses on mediation, and arbitration activity compared with treatment in other countries. This work is separated into four parts. First part deals with resolution of property conflicts since the year 1918 till now. Second part deals with the forms of resolving property conflicts. Third part deals with mediation and the work ends in fourth part which deals with arbitration activity.
The Purchase Agreement
Horváth, Marian ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
2 Abstract The subject-matter of this thesis is the analysis of legal regulation concerning purchase contracts which, in functional market economy, represent the most important relations based on legal obligations between individuals who are non-entrepreneurs, and also the most frequent contracts of transfer of ownership rights. The thesis aims to make a detail survey of legal regulation of purchase contract in general terms. The work is divided into two basic parts. The first part deals with the current legal regulation of purchase contract as defined by the civil law. The other part deals with codification issues of private law, including civil-law codification of purchase contract which will enter into effect in the Czech Republic on 1 January 2014, and focuses mostly on the changes in legal regulation of purchase contract. Key words: purchase contract, commercial purchase contract, non-commercial purchase contract, seller, buyer, subject-matter of the purchase contract, purchase price, ownership, collateral arrangements.

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