National Repository of Grey Literature 625 records found  beginprevious384 - 393nextend  jump to record: Search took 0.01 seconds. 
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.
The substitution of parties to the legal relationship in relation to renting apartments
Hejhal, Zdeněk ; Dvořák, Jan (referee) ; Pohl, Tomáš (referee)
The substitution of parties to the legal relationship in relation to renting apartments The contract of rental, the renting apartments, the landlord, the tenant Executive Summary The aim of the thesis is to describe the legal relationship aspects arising in relation to the substitution of parties to renting apartments, with the focus being on substitution initiated by the tenant. The key reason for choosing this topic is the author's personal experience with dealing with the issues that arose as a result of the transfer of rights and obligations pertaining to renting of an apartment of the author's acquaintance, his experience gained during the assistance at the civil proceedings held by district court for Prague 3, the fact that renting is currently an issue of great significance in the Czech law system, and also the increasing number of people living in rented apartments. The thesis comprises ten chapters, each of them considering different aspects of the issues involved. Having provided the background information to the reader in the introductory chapter, the first chapter considers the historical framework of renting apartments. The chapters explores the renting of apartments in accordance with Roman law throughout the Middle Ages up to the present Czech legal regulations, including the rental agreement...
Cost of civil judicial proceedings with particular focus on attorneys' fees
Alexander, Eva ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Title: Cost of civil judicial proceedings with particular focus on attorneys' fees Author: Mgr. Eva Alexander Chair: Civil Law Date (final draft): 30 June 2014 Key words: costs of legal proceedings, reimbursement of legal fees, small claims The thesis analyzes the Czech legal rules relating to the costs of civil judicial proceedings, in particular the attorneys' fees. In the first part, the costs of civil judicial proceedings are described in general, including out-of-pocket expenses of parties and their representatives and counsel, court fees, lost wages, evidence and interpreting costs and notarial fees. The first part further focuses on payment and reimbursement of costs. Under Czech law, the losing party must reimburse the successful party at the rate determined by the statutory rules. The second part deals with the reimbursement attorney's fees, which, until April 2013, took place according to flat rates set forth in a decree. However, the Constitutional Court cancelled that decree due to its effects in small claims cases. As a result, the general statutory schedule for attorney's fees is currently used also for determination of reimbursement of counterparty's fees in civil disputes. The thesis describes both the case law relevant before the decision of the Constitutional Court, which may be...
Costs of Civil Proceedings
Škodová, Jitka ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
The subject matter of this rigorous thesis consists in the issues of the costs of civil proceedings, particularly the judicial decision- making about reimbursement of these costs. The sphere of the reimbursement of the costs of proceeding is undeservedly ignored, as the disputes are mainly focused on the core of a case, and the reimbursement of the costs, though it is also the part of most decisions of disputes, has only marginal significance. The aim of this thesis is to analyse in detail the institute of the costs of the proceedings at law, and it also deals with the protection of this institute by the legal code in the Czech Republic as well as abroad, its application in practice, and with the problems arising in connection with the costs of the proceedings at law.
Distribution proceedings as part of execution conducted by means of sale of immovable property
Smola, Erik ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
The initial part of the thesis covers general issues including the definition of the executor's position in the execution part of the civil proceedings and the description of the individual parts of execution carried out by means of the sale of the obligated party's immovable property. The following chapters examine the current legal framework regulating the concurrence of insolvency and execution by means of sale of immovable property. The author of the thesis points out apparent practical problems in this area and refers to possible solutions. The author also examines the parties to the distribution proceedings and discusses the issue of execution costs, their determination and their payment as part of the distribution of estate. The final part of the thesis focuses on the distribution proceedings as such and on the satisfaction of the creditors' claims from the proceeds obtained from the sale of the obligated party's immovable property. The thesis aims at identifying problematic parts of the legal framework regulating the distribution proceedings after the last two extensive amendments of the execution process. The author also suggests possible solutions that could increase the efficiency and reduce the ambiguity of the respective legal provisions. Key words: execution, immovable property,...

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