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Liability for damage caused by lawyers
Šustová, Jana ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with a question of a liability for damage caused by lawyers. The aim of the thesis is to introduce how the liability for damage caused in the course of the application of law by qualified persons is treated in the Czech Republic. The thesis focuses on an analysis of the attorney's liability for damages. The liability of public notaries and executors who are treated as public officials when they exercise conferred powers is also mentioned. Last but not least the thesis analyses a responsibility of judges for judgments delivered and there is a mention about other legal professions such as public prosecutors and tax advisers and their liability for damages. The end of the thesis considers changes in a legal regulation of this professional liability which are connected with a recodification of Czech private law which comes into effect on 1st January 2014.
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Relationship between petition and judgment
Sommer, Lukáš ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
Rigorózní práce - Mgr. Lukáš Sommer - Vztah žaloby a rozsudku / Relationship between petition and judgment 1 Abstract This thesis focuses on the relationship between petition and judgment. Its first, mostly theoretical, chapter describes brief historical excursion to the evolution of the main concept of the civil procedure, the evolution of petition law. Second and third chapter are dealing with petition and judgment, their components, requirements, impacts, division etc. and their primal purpose is to familiarize the readers with this facts for better understanding of the relationship between petition and judgment. Finally, the fifth chapter of this thesis (most practical) constitutes the heart of my thesis and it is focused on the relationship between petition and judgment itself.
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Mediation as a method of alternative dispute resolution
Sixtová, Lenka ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The purpose of this thesis is to introduce the mediation as one of the methods of Alternative Dispute Resolution (ADR). The main reason for choosing this topic was topicality of issues because in the last years the mediation has been developing in our country. A relatively recent adoption of The Mediation Act No. 202/2012 Sb., which is effective since 1st September 2012, contributed to this development. The thesis involves seven chapters that are further subdivided. In the Chapter One, basic information relating to an alternative dispute resolution are summarized. Characteristic features are shown there and there are more details of each method of ADR. Chapter Two examines basic characteristic of the mediation as a method of ADR. This chapter consists of four subchapters that analyze in more detail historical development of the mediation, basic characteristic features of the mediation, basic principles of the mediation and finally also advantages and disadvantages of the mediation. The status of the mediator is discussed in the Chapter Three of this thesis. The main focus is on the question of impartiality and independence of the mediator, as well as its duty of confidentiality. Chapter Four includes basic information about the status of parties to the conflict because they are the ones who have...
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Discharge of a debtor - one of modes of insolvency solution
Paľko, Ján ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The main goal of this thesis is to offer a detailed perspective on the discharge from debts in the context of insolvency proceedings and also to illuminate the most important novelties, which were brought with the newest amendment of the insolvency law. The debt relief was alongside with the reorganization incorporated to the Czech legal system by the Insolvency act, No. 182/2006 Coll., which entered into force on the 1st of January 2008. This led to a significant shift from the liquidation form of resolving bankruptcy to the preference of the remedial methods. The main purpose of the debt relief is to provide a person in bankruptcy with an opportunity to free themselves from their debts and at the same time to ensure the highest possible and proportional satisfaction of the creditors. This institute was originally designed exclusively for the persons, who were not engaged in business, mainly for consumers. Nowadays this statement is not entirely factual. The legislator newly explicitly permitted, what had already been allowed by the judicial practice and thus a possibility to take advantage of this institute even for the entrepreneurs. Obviously, only under the conditions laid down by the valid legislation. The court shall allow resolving insolvency of the debtor in the form of discharge from...
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Raising claims in insolvency proceedings
Roud, Vojtěch ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
This work aims to provide a comprehensive overview of the raising the claim in the insolvency proceedings. There is an explanation provided for each type of claims together with practical examples targeting the most problematic aspects of application of Act No. 182/2006 Coll., on bankruptcy and means of resolution thereof (hereinafter "The Insolvency Act").The work is not limited only to a process of raising the claim in insolvency proceedings but it systematical describes further existence of raised claim in the insolvency proceedings. There are also two more chapters dealing with the review of claims and their satisfaction. The work deals with the effective legislation, meaning the insolvency act. There is pointed toward the specific legislation in specific cases when adequate. This legislation is contained in the Act No. 328/1991 Coll., on bankruptcy and settlement (hereinafter "The Bankruptcy and Settlement Act"). I also took into account the significance of the novelization of the insolvency act number 294/2013 Sb. (so called revision novelization) and I point out the cases of modifications based on this novelization.. I also refer to the previous legislation contained in the bankruptcy act. Together with this I explain the development of insolvency law from the adoption of an insolvency act until now....
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Costs of civil proceedings
Písaříková, Markéta ; Winterová, Alena (advisor) ; Macková, Alena (referee) ; Uhlíř, David (referee)
This dissertation thesis is aimed into costs of civil proceedings, especially general costs of civil proceedings and special costs of civil proceedings. Regarding the special costs of civil proceedings it deals with its renumeration (ammount and extent). Existing czech law was compared on given cases with german and english law; economic analysis of existing czech law governing the renumeration or general costs of civil proceedings was went through and as the result the externalities were found and defined with the consequencies the law lead to. The dissertation thesis has found a mathematical formula for calculation of summary renumeration of costs accompanied with lawsuits so that for the creditor it is more economical to sue the debts than to cede them to the debt collecting companies, and together with that the new law is proposed to prevent externalities that destruct the funcioning of civil courts by flood of multicopy-lawsuits and externalities that mean property transfer from wide level of citizens towards to the few individuals (bailiffs). Powered by TCPDF (www.tcpdf.org)
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The ineffectiveness of legal acts in the Czech law
Sviták, Stanislav ; Hendrychová, Michaela (advisor) ; Winterová, Alena (referee) ; Fiala, Josef (referee)
The dissertation deals with the historical elements of the ineffectiveness of legal acts, and the tradition of this legal institute in the territory of the Czech Republic, whereas the concept of such a legal institute pursuant to Roman law is not left aside, either. The terms of the legal act are defined there as well as the absolute and relative ineffectiveness of legal acts. The dissertation focuses on the relative ineffectiveness (defeasibleness, the right of defeasibleness) of the legal act, namely with regard to other "defects" of the legal acts (nullity, invalidity, withdrawal from the contract etc.) as well as with regard to other systems of the creditor's protection (within the scope of the common civil law, corporate law, insolvency law and the criminal law instruments). The dissertation pays attention to the issue of the name of the defeasibleness right institute, to its purpose, forms (based upon defeasibleness as well as upon statutory ineffectiveness), and to the defeasibleness action. The dissertation analyses the effective legal regulation of the right of defeasibleness, including non-insolvency law (pursuant to 1964 Civil Code and 2012 Civil Code) as well as the insolvency proceedings. Keywords: absolute ineffectiveness, actio Pauliana, ineffectiveness of the legal act,...
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Types of action in The Civil Process
Macháčová, Magdalena ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Thesis with the topic "Types of action in The Civil Process" The objective of the thesis with the topic "Types of action in The Civil Process" is to offer a comprehensive view of the positive treatment of various types of action in the Czech civil procedural law. The action is a significant procedural institution, which is considered a universal means of protection of rights, and in both theory and practice it is treated with due importance. The thesis is divided in eleven chapters. In the first half, I define general characteristics of the action and its legal effects; in the second, I deal with the individual types of action in detail and analyse their specifics by means of a detailed of the literature and case law review method.
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Administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent
Pisaková, Hana ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Title: Administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent The purpose of this thesis is to analyze the administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent. The administration of an immovable thing is a new way of enforcement procedure, implemented to Czech legislation by amendment of the Civil Procedure Code that came into effect on 1st January. 2013. This thesis is divided into seven chapters. The first one contains just the brief overview of the main problems. Second chapter describes the enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent in general. Third chapter explains detailed characteristics of an administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent, its process, duration and conclusion. Fourth chapter deals with identification of main problems of an administration of an immovable thing and deals with them. Especially deals with problems regarding possible limitations of court in modification of leasing and tenure contracts. The possible use of an immovable thing by a debtor and possible...
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Arbitration proceedings in the Czech Republic
Kudrhaltová, Irena ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The topic of this thesis is arbitration proceedings in the Czech Republic. In the introductory chapter arbitration is generally described, with definition of its characteristics in comparison with the ADR methods and regular court proceedings. Four basic theoretical standpoints concerning the arbitration proceedings are introduced. Arbitration is divided into general and specific arbitration as well as institutional and ad hoc. In the second chapter the issue of arbitrability is described- specifically the conditions of its formation. The third chapter focuses on the arbitration agreement, beginning from the inception, including its content and ending with cases when the agreement is void. Arbitrator, including requirements concerning the person, such as confidentiality, independence, and impartiality, is contained in the fourth chapter. It also includes arbitrator's appointment and remuneration. The fifth chapter deals with the arbitration proceedings in concreto. Basic principles governing the arbitration are outlined, following with initiation of legal action including further motions and evidence. The sixth chapter is aimed at arbitration decision and its specific forms: the arbitration award and the resolution. A possibility of settlement approved by an arbitrator or a permanent arbitration...
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