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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...
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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...
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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.
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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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Methods to acquire an apartments in ownership
Pítrová, Julie ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This thesis deals with the methods to acquire apartments in ownership. In the introduction, the paper deals with the theories of residential property and the ways in which the ownership of apartments is understood in selected international treatments. The main part of the paper focuses on the different methods to acquire ownership rights on a residential unit, both in the original way, i.e. acquiring ownership on after construction, and in the derivative way, mainly on the basis of contractual relations. The next part of the thesis deals with the interpretation of cooperative apartments, including their origin and development in a historical context, focusing on the problematic of the acquisition of ownership rights to cooperative apartments. The practical part includes an interpretation of acquisition of ownership of an apartment by the shareholders of a legal entity established for the purpose of acquiring apartment buildings and renting the apartments to the shareholders, even though it is not a housing cooperative. With regard to the adoption of a new Civil Code, the conclusion dedicates space to the new legislation and the impact of the Civil Code will have on the housing laws, including a highlight of the changes that will take place once the new Civil Code comes into effect. Key words:...
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The Development of Czech Law of Inheritance in Respect of the Autonomy of Testator's Will
Novák, David ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
S u m m a r y The goal of this thesis is to analyse the autonomy of the testator's will in the development of the Czech law of inheritance. The text is divided into nine chapters including introduction and conclusion. In the introduction there is defined the subject of the paper. In the first chapter readers may find the definition of the law of inheritance from different points of view and in different meanings. The basic legal principles of the law of inheritance are enumerated and described in respect of the topic. Then there is a brief recapitulation of the sources of the law of inheritance in the area of the present Czech Republic from 1811 until present in the last section of this chapter. All possible ways, how the testator can express his will, are generally described in the second chapter. There are mentioned legal tools of the testator's will for example testament, legacy, contract of inheritance, donation by cause of death, disinheritance, succession, conditions, directions etc. The principles and base of the above mentioned tools are given, as well, but mostly in the next chapters, where is described legal regulation of particular legal institutions in historical context. The following five chapters provide complete information about how every institute of the law of inheritance worked important...
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Invalidity and ineffectiveness of legal acts in insolvency proceedings
Štancl, Štěpán ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Abstract Invalidity and Ineffectiveness of Legal Acts in Insolvency Proceedings The purpose of my thesis is to describe and analyse statutory framework of rules which prevent underlying assets from being unlawfully reduced. The thesis is composed of five chapters which are divided into subchapters. The core of the thesis lies in chapters 4 and 5. Introductory chapter explains collective essence of insolvency proceedings in which claims of creditors are satisfied proportionally. Then it clarifies core of this thesis, i.e. analysis of acts, whom debtor reduces underlying assets, or rather his creditors. It also explicates changes in terminology, which are caused by recodification of civil law. Chapter Two describes development of ineffectiveness since Roman law until the present. Third chapter, concerning civil law, is subdivided into four subchapters. The first defines legal act. Second describes its invalidity. The third, which is most extensive, deals with relative ineffectiveness in civil law. Its parts relate to the reasons of ineffective legal acts, trials about them and consequences of ineffectiveness. Last subchapter summarizes opportunities of application this rules in insolvency proceedings. Chapter Four which concerns insolvency proceedings is divided into two subchapters. The first of them deals...
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Consumer Protection in the area of Online Payments made by Payment Cards
Mikulka, Tomáš ; Švestka, Jiří (advisor) ; Pohl, Tomáš (referee)
This thesis analyses the legal frameworks governing consumer protection in the area of online payments made by debit and credit cards in the Czech Republic, the United Kingdom and the United States. The relevant legal provisions of the European Union are analysed as well. The thesis is divided into three chapters. The first chapter deals with consumer protection in the area of online payments made by debit cards. This chapter focuses on the liability for any unauthorized payment transactions made by debit cards and the cases of no consumer's liability, limited consumer's liability and unlimited consumer's liability are discussed there. It is also concerned with the issues of authorization of payment transactions made by debit cards, the limitations on the use of debit cards, specific obligations of both the consumer and the payment provider concerning the use of debit cards, the burden of proof and notification of unauthorized payment transactions made by debit cards. Finally, the legal frameworks of countries mentioned above dealing with consumer protection in the area of online payments made by debit cards are compared. The second chapter deals with the same topics as the first chapter, however, it is from the perspective of consumer protection in the area of online payments made by credit cards....
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Distraint by sale of property after the amendment to the Code of Distraint Procedure
Zwiefelhoferová, Eva ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
12 Abstrakt - abstract Tato rigorózní práce se zabývá dražbou prováděnou soudním exekutorem v exekučním řízení po novele zákona č. 120/2001 Sb, o soudních exekutorech a exekuční činnosti (exekuční řád). V práci je kladen důraz na jednotlivé fáze exekuce prováděné prodejem nemovitosti a to konkrétně ocenění nemovitosti, dražba nemovitosti a rozvrhové jednání se zaměřením na úkony soudního exekutora v jednotlivých fázích. Práce se též zaměřuje na problematiku zástavních práv, včetně exekutorského zástavního práva, jako nového institutu The thesis addresses the auction of property performed by a court distrainer in a distraint proceedings after the amendment to Act No. 120/2001 Coll., on court distrainers and distraining activities (hereinafter the "Code of Distraint Procedure"). The thesis places emphasis on the individual phases of distraint by sale of property, specifically appraisal of the property, auction of the property and proceedings regarding distribution of the proceeds, focusing on the actions of the court distrainer in the individual phases. The thesis also focuses on the issue of rights of lien, including the distrainer's right of lien, a new institute.
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