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Incidental disputes in insolvency proceedings
Valdová, Lucie ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
The master's thesis deals with incidental disputes that arise and are decided within individual insolvency proceedings. The aim of this master's thesis is to develop a comprehensive interpretation of the issue of incidental disputes and to analyze their specifics, mainly because there are not many publications dealing comprehensively with incidental disputes in insolvency proceedings. With regard to the connection of incidental proceedings with provisions governing general civil court proceedings, a certain unsystematic nature of the insolvency law and a large amount of case law, the absence of such publications can cause interpretation and application difficulties. The first part is aimed at the general interpretation and characteristics of insolvency proceedings, bankruptcy and incidental disputes, including their positive list, which can be found in § 159, paragraph 1 of the Insolvency Act. The second part of the master's thesis is focused on the course of the incident dispute, from its initiation to the special regulation of the insolvency law regarding the reimbursement of legal costs. A separate chapter addresses the possibility of continuing an incidental dispute after the insolvency proceedings have ended. In the second part of the diploma thesis, the relationship between incidental...
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Payment order procedures
Blažek, Martin ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Payment order procedures Abstract This diploma thesis is thematically focused on payment order procedures which represent a way to enforce a monetary claim in civil court proceedings in a simpler, faster and more effective way. Its aim is to provide an analytical view of the chosen topic, point out and comment on problematic aspects of the current legislation and take a position on the intended future legislation. The diploma thesis is divided into six chapters. Chapter No. 1 provides a basic introduction to the chosen topic when it offers a brief look at the history and specifies the concept of payment order procedures in more detail. Chapter No. 2 elaborates a regular payment order in detail, starting with the characteristics of the prerequisites for its issuance and ending with its legal power and enforceability. Chapter No. 3 deals with the electronic payment order, the introduction of which into the legal system is seen as the initial beginning of the planned electronization of the Czech justice system; within the framework of this chapter, with regard to the nature of the electronic payment order, its differences from the regular payment order are particularly pointed out. The focus of Chapter No. 4, which is systematically arranged similarly to Chapter No. 2, is the European payment order which,...
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Specifics of disputes on the substitution of the will of the obliged person under the Land Act
Štorkán, Radek ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Specifics of disputes on the substitution of the will of the obliged person under the Land Act Abstract This thesis deals with the nature and effects of the judgments as a basis for transferring ownership of corresponding lands as a replacement for lands to which the ownership right could not be restored. The aim is also to give a comprehensive interpretation of the specifics of replacement disputes and at the same time to analyse whether these specifics determine the constitutive nature of replacement judgments. In order to be consistent and complete, the thesis focuses on procedural issues as well as, to the extent necessary, on related substantive issues. The thesis also analyses and evaluates the legal opinions of the case law, which the author also confronts with competing considerations, legal opinions and his own reasoning. The thesis is divided into eight chapters. The content of the first chapter is devoted to a necessary and brief introduction to the issue of agricultural restitution under the Land Act. This matter is necessary to understand the context and the basis for the discussion of disputes for the substitute enforcement of the restitution claims. This chapter also deals with the creation of a restitution claim and the procedures for its enforcement. The second chapter discusses the...
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Tax administrators' claim in insolvency proceedings
Ulvr, David ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Tax administrators' claim in insolvency proceedings Abstract The thesis deals with the claims of the tax administrator in insolvency proceedings. As this is a complex and very broad issue, the thesis focuses on a more detailed analysis of two major cases in which the tax administrator acts as a creditor in insolvency proceedings. Specifically, these are cases where the tax administrator acts as a secured or preferential creditor. The thesis also analyses the data provided by the tax authorities on the basis of questions sent to them. The thesis is divided into two chapters. The first one deals with the tax administrator as a secured creditor. First, the advantages of the secured creditor status in insolvency proceedings are explained. The substantial part of the chapter is devoted to the creation of the tax administrator's pledge, which differs from the general pledge. The thesis reflects on what tax claims can be subject to a pledge in the context of the new case law of the Supreme Administrative Court. This chapter also explains the possible impact of the commencement of insolvency proceedings on the duration of the pledge. The chapter also deals with the conflict between the Insolvency Act and the Civil Code regarding the order of creation of a pledge and presents possible solutions. The next subchapter...
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Extraordinary remedies in the civil procedure system]
Bělohoubek, Karel ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
[Extraordinary remedies in the civil procedure system] Abstract This thesis deals with the Czech system of extraordinary remedies in civil proceedings, not only with their historical genesis and current functioning, but also with a focus on current issues related to them, especially in connection with the forthcoming recodification of civil procedure. The thesis is structured into chapters and is divided into a general part and a special part. In the general part, which includes chapter one, the author attempts to define the basic issues of extraordinary remedies and their distinction from ordinary remedies. Attention is thus paid to the subject of legal force, systems of appeal and the definition of types of defects in decisions, which can be used to distinguish one extraordinary remedy from another. The general part also includes a historical excursion into the legal regulation from the Civil Procedure Code of 1895 to Act No. 404/2012 Coll., which fundamentally changed the admissibility of appeals. The general part concludes with a clarification of the issue of the competition of extraordinary remedies and a comparison with the Slovak system in the light of the current recodification of civil procedure here. The special part, which includes chapters two to six, is introduced by a description of the...
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Assessment of the creditworthiness of a consumer in insolvency proceedings
Tetera, Filip ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Assessment of the creditworthiness of a consumer in insolvency proceedings Abstract This diploma thesis deals with a creditor's obligation to assess a consumer's creditworthiness with due professional care before concluding a consumer credit agreement, or alternatively amending such an agreement consisting of a significant increase in the total amount of consumer credit imposed on the consumer credit provider by Act No. 145/2010 Coll., on consumer credit, or Act No. 257/2016 Coll., on consumer credit. Enshrining this obligation in the aforementioned laws is one of the manifestations of consumer protection in our legal system. The primary goal of this obligation is to protect the consumer, who, compared to consumer credit providers, certainly lacks professional, and in particular legal and economic, knowledge and experience in the field of consumer credit provision, as well being materially and personally equipped as regards disproportionate and reckless borrowing. Over-indebting of households negatively affects not only the consumer as an individual, on whom the negative consequences fall existentially, but also the Czech Republic as a state, and ultimately also creditors from consumer credit contracts, i.e. ultimately they are also protected by regulation and compliance with the obligation of providers...
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Liquidation of the inheritance from the point of view of procedural subjects
Nešněrová, Karolína ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Liquidation of the inheritance from the point of view of procedural subjects Abstract Liquidation of the Inheritance from the Point of View of Procedural Subjects," focuses on the procedural subjects involved in the process. The aim of this work is to clearly state who participates, when they become a participant, how their participation affects the proceedings, what obligations they have under the law, and what rewards they receive for their participation. The area of law pertaining to the liquidation of estates has undergone considerable recodification, bringing about numerous changes. The liquidation of an estate is a broad topic. In the introduction of this work, the author acquaints the reader with the reasons that led them to choose the given topic. The work is divided into seven chapters, each of which contains subchapters. Chapter one provides an introduction to probate proceedings, outlining the individual steps taken after the death of a person, while defining the concept of liquidation of the estate and explaining its purpose. Chapter two deals with the ordering of the liquidation of the estate and the procedural prerequisites that must be met for the court to order liquidation. The author also discusses the content of the decision and its effects. Chapter three is important as it describes who...
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The activity and importance of a notary in inheritance proceedings
Kroupa, David ; Sedláček, Miroslav (referee)
The activity and importance of a notary in inheritance proceedings The topic of this rigorous thesis is the function and significance of the notary in the inheritance proceedings with a focus on activities aiming to fulfil the main goals and implementation of these functions in the inheritance proceedings as well as the clarification of the decision-making activities. The main objective of this rigorous thesis is to provide its reader an overview of issues related to the inheritance proceedings, specifically concerning the main objectives and functions of these proceedings as well as the decision-making activities and the importance of the notary. In accordance with the set objective, the core of the rigorous thesis is focusing on the activity of a notary fulfilling the main functions in the inheritance proceedings, i.e. on his legitimating and property function. Furthermore, the thesis concerns the decision-making function of the notary, as well as the decision-making process of the court in the inheritance proceedings or more precisely the decisions representing the result of this activity. The rigorous thesis has a following structure. It begins with its introduction. Furthermore, it is divided into five chapters which are subsequently divided into detailed and interconnected chapters devoted to...
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Procedural Role of the Insolvency Trustee
Matuška, Dominik ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Procedural Role of the Insolvency Trustee Abstract The subject of this rigorous thesis is the procedural status and role of the insolvency trustee as a sui generis procedural subject appearing in insolvency proceedings, which represents a special type of civil process that is characterized by the collective nature of enforcement and (partial) satisfaction of the debtor's creditors' claims and simultaneous settlement of the debtor's property relations according to the chosen method of bankruptcy resolution. The aim of the thesis, as its title suggests, is not a general description of the insolvency proceedings, however a thorough analysis of the procedural role and duties of the insolvency trustee during the performance of his obligations in insolvency proceedings. I try to achieve the stated goal by interpreting relevant legal regulations, Czech and foreign expert literature, relevant practice of the higher courts of the Czech Republic, and in some parts of the thesis I also provide my own thoughts and opinions on the given issue. The actual text of the thesis consists of an introduction, three main chapters, which are further divided into sub-chapters at several levels, and a conclusion, where the most important findings discussed in the text of the thesis are summarized. In the first chapter, as part of a...
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The proceedings in case of violation of antidoping rules
Čermák, Ondřej ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 The proceedings in case of violation of antidoping rules Abstract This paper deals with the proceedings, which are related to the amendment of the World Anti- Doping Code in 2021 and the related issuance of the updated Directive for the Control and Punishment of Doping in Sport in the Czech Republic (hereinafter referred to as the "Directive"), in the case of anti-doping rule violations. These rules are characterised by the fact that they contain both substantive and procedural provisions. It is these procedural provisions, which are adhered to in the proceedings in case of anti-doping rule violation, that this paper deals with in more detail. It is a sui generis procedure in its nature containing elements of both private and public law. Until the end of 2020, the bodies of first instance of the decision-making system were the national sports federations, respectively their disciplinary bodies. Subsequently, the power in such cases was transferred to the National Court of Arbitration for Sport by the Czech Anti- Doping Committee in 2022 and thus ever since the entire process of adjudicating doping disputes in the Czech Republic is held by this newly created body. It is a hybrid body on the borderline between private and public law, whose legitimacy must be derived from the hierarchical structure of...
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