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Application for an appeal review on the point of law in civil procedure
Hermanová, Michaela ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The thesis aims to describe the new regulation of the application for appeal review introduced by means of an amendment to the Civil Procedure Code made by the act No. 404/2012 Sb. and to assess its compliance with the Constitution. During the preparation of this amendment a part of the Civil Procedure Code (specifically sec. 237 (1) c)) governing the admissibility of the discretionary application for appeal review was cancelled due to being in conflict with the Constitution by means of the decision of the Constitutional Court of 21 February 2012, file No. Pl. ÚS 29/11. For that purpose, at first, the thesis deals with the application for appeal review itself and certain aspects of it, especially the role it has in the Czech legal system. Based on this general part a special part is built dealing with the admissibility of the application for appeal review. Firstly, the admissibility under the old legislation is described, after that the conclusions of the Constitutional Court are critically examined and, finally, the new legislation is described and confronted with the findings of the Constitutional Court. The Constitutional Court criticized the old legislation for not being sufficiently predictable. It concluded that in order for the new legislation to comply with the Constitution the potential...
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The solution of bankruptcy in the form of reorganization
Horák, Jan ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Title of the Master's thesis: The solution of bankruptcy in the form of reorganization Summary The main objective of this diploma thesis is to provide a sufficient description and analysis of the solution of bankruptcy in the form of reorganization which is regulated by the Act. No. 182/2006 Sb. The complex issue of reorganization is essentially a method for non-liquidation solution of bankruptcy usable only in the case when a debtor is an entrepreneur. It uses various methods of restructuring debtor's business in order to satisfy the creditors to a greater extent than in the case of liquidation solution of bankruptcy. The thesis is divided into fifteen chapters that are further divided into subchapters. Chapter one briefly describes the history of bankruptcy law. The second chapter is an explanation of nature of insolvency law focusing also on the economic aspect of insolvency. The following chapter defines bankruptcy within the meaning of applicable legislation. The existence of bankruptcy is essential for insolvency proceedings at all. The most important subjects of insolvency proceedings are parties to the proceedings. Their position is described in detail in the fourth chapter. Chapters five to thirteen then provide detail analysis of the institute of reorganization. There is provided a definition of...
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Mass actions in Czech civil procedure
Novotný, Vojtěch ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Group actions in Czech procedural law Summary The thesis deals with an issue of group actions, which is a legal instrument of collective protection of private rights in civil proceedings. The aim of this thesis is to analyze this procedural institute, to point out shortcomings of current legislation and to propose it's acceptable solution. The thesis is divided into three relatively independent sections. The first section focuses on theoretical basis (including a brief outline of the historical development) and defines basic terminology used in the thesis. Then it describes the most general division of the collective enforcement mechanisms into a group action and a representative action. The second section concentrates on legislative schemes of group actions in certain foreign jurisdictions. Specifically, it deals with a legal conception of class action in the legal system of the USA, where it is applied as a kind of a opt-out group proceedings (group members, who does not agree with adjudication of their claims, may opt-out), then it deals with opt-in group proceedings in Sweden (group members can be required to enter the suit individually) and finally it describes a German model proceedings in capital market disputes, which represents a compromise between individual and collective proceedings. The third...
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Application for an appeal review on the points of law in civil procedure
Polánský, Adam ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Resumé The official title of my thesis is Application for an appeal review on the points of law in civil procedure. The main objective of this thesis is to describe the development of an institute of an application for an appeal review throughout the legal history of the civil procedure in the area of the Czech Republic up to current state, with a particular focus on the conditions of admissibility of such application and its essentials. My thesis is composed of three chapters. The first chapter is to introduce the reader to the historical development of an application of an appeal review from the very beginning in the 18th century up to date. In particular, the landmark Constitutional Court decision (sp. zn. Pl. ÚS 29/11) is emphasized in the end of the chapter. The second chapter deals with the actual legislation of an application for an appeal review in The Code of Civil Procedure. Its main goal is to describe this institute as whole. It is also to provide the reader with further analysis of some controversial issues of the actual legislation as the conditions of admissibility of an application and its essentials required by the law. Finally, it manifests the attitude of the judiciary towards these problematic features of the actual legislation. The third chapter contains the brief explication about an...
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Relationship of Teacher and Student who have become Friends on Facebook with Emphasis on Authority
Smolík, Petr ; Pospíšilová, Marie (advisor) ; Mitrenga, David (referee)
Bachelor thesis aims to find out the consequences of the fact that teachers and their students have become friends on Facebook. Theoretical part of the work presents the concepts of authority, teacher-student relationship and self-presentation theory. The methodology of qualitative research is then presented. The research was based on interviews with informants. Interviews are then analysed and interpreted in the analytical part. The study shows that friendship on Facebook can have an impact on teacherstudent relationship. Sharing of informations on Facebook can even lead to termination of Facebook friendship. On the other hand, revealing background or private information of teachers helps students to see them in a different, not-so-formal light. The importance of authority in this relationship is also presented. Also, different aspects of authority are emphasized by teachers and students respectively. Powered by TCPDF (www.tcpdf.org)
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The electronic payment order procedure at the district court
Nippertová, Pavla ; Macková, Alena (referee) ; Smolík, Petr (referee)
In this thesis is described electronic order for payment procedure at the district court. Thesis is divided into six chapters. It begins with a history. The main body of the thesis deals with a legal analysis of the electronic order for payment procedure at a district court. It involves the beginning of the procedure, conditions of procedure, delivery, correction tools, and finally, enforcement. It points at deficiency in legal regulations which makes the interpretation of law problematic. In addition, there can be found a comparative study with a German legal system and European order for payment is also mentioned.
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Liability for damages under the Insolvency Act
Kovacs, Stanislav ; Smolík, Petr (referee) ; Frintová, Dita (referee)
The aim of the thesis is, based on analysis of the institute of liability for damages in the Insolvency Act and related legislation, to characterize the institute of liability for damage in insolvency law and to define its position within the system of sanctions, to identify links to private and public (including criminal) legal norms, to present concrete examples from existing case law to address some unclear areas of existing arrangements and to identify and to describe changes resulting from the new regulation of the institute of liability for damages in the new Civil Code. The thesis is divided into two parts, the general (conceptual) and specific (critical). The general part is divided into four chapters. Chapter one summarizes the theoretical background of the institute of liability for damages. Chapter two provides an overview of the general private law liability for damages and fundamental differences on liability for damages in the old and the new Civil Code. The third chapter is devoted to a specific rules on liability for damages in the Insolvency Act. Chapter four discusses the different possibilities of a claim for damages or other harm. The special part is devoted to analysis of the facts of liability for damage governed by the Insolvency Act. Individual facts of case are systematically broken...
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Creditors and make claims in insolvency proceedings
Kociánová, Barbora ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The aim of rigorosum thesis is to give an analysis of the various institutes of insolvency law with a focus on the creditor and the procedural steps in the insolvency proceedings, accompanied by a comparison method, case law, the views presented in technical writing, knowledge of practical life creditors and critical evaluation of problematic issues applicable legislation. The result of the work should be comprehensive methodology of conducting the creditors during the insolvency proceedings, from its opening to the moment when the insolvency proceedings on procedural grounds built for sure that the creditor's receivable is determined and the lender will be satisfied with any of the bankruptcy. The work is divided into seven chapters, each chapter reflects significant legal field relating to creditors and their claims. The introductory part is rather theoretical focus, especially on the subject of insolvency proceedings, bankruptcy legislation and its development rights, the principles on which the insolvency proceedings is, definition of debt as contract law and a person lender. Another chapter discusses the course of bankruptcy proceedings, from its launch until the bankruptcy court decides whether the debtor's bankruptcy or not qualified. Among other things, the chapter also explains the meaning of...
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Comparison of Czech and German insolvency law with insight into practice
Chytil, Petr ; Smolík, Petr (referee) ; Frintová, Dita (referee)
As it implies from the title, aim of this thesis is to compare Czech and German insolvency law and find out differences, also on the practical level. Motivation to choose these countries came from facts, that both countries are economically connected and German law is traditional source of Czech law. Another aim is to find out, if the law of our western neighbours can be inspiration also for future changes to relatively new insolvency law in Czech. Because the title of this thesis is rather general, it was necessary to specify the content of this thesis with choosing main points. These are discharge from debts, reorganisation and insolvency administrator seen as a profession. Aim of this thesis is not to cover the insolvency law complexly. Thesis is divided into eleven chapters. First chapter is introduction and clears aims of this thesis. Second and third chapter describes the introduction to German insolvency law, which fairly overlaps the introduction to Czech insolvency law. Selected differences are mentioned in fourth chapter. Chapters five to seven are containing the main themes of this thesis, and these chapters are divided into subchapters with German law, Czech law and subchapter with comparison. The chapter about discharge from debts is rather extensive, because the concept of this legal...
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General and special fitness training in judo
Jirsák, Michal ; Pavelka, Radim (advisor) ; Smolík, Petr (referee)
Title: General and special physical training in judo. Goals: The primary aim oft his thesis is to build an optimal monthly midcycle of first preparatory period fitness training for judo section SKPŠ judo Prague. The secondary objektive is the description of scientific literature on the topic of development of general and special fitness training in judo, description, analysis and comparison of training plans - monthly midcycles of preparatory period club USK Prague and SKPŠ judo Prague. Methods: The work used the method of unstructured interview, analysis of available literature, comparison and analogy midcycles of the clubs, modeling optimal training plan for the club. Results: The results afer primarily to the insufficient number of training units SKPŠ judo club in Prague and the consequent under development general and special fitness training. Another fading is that the structure of the development of special physical training of both clubs is the same. Keywords: judo, training, general condition, special condition, preparatory period, training schedule
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