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Legal disputes caused by execution and bankruptcy proceedings
Vepřková, Petra ; Smolík, Petr (advisor) ; Zoulík, František (referee)
The aim of this thesis is to define the disputes arising from the execution and bankruptcy proceedings, to categorize them to the systematic framework, to outline their nature and to create a comprehensive overview about these disputes. The thesis is devided into three chapters, which are subdevided into subsections and parts. The first chapter of this work is aimed to the general issues, that have the influence on creating and forming of disputes resulting from the execution and insolvency proceedings, because it would be impossible to capture this topic coherently without these initial premises. Thereof, there are incorporated the conceptual definition of the execution proceedings and the principles of the execution proceedings, particularly considering the principle of protection of the obliged person and the principle of protection of third parties. In the part dealing with the aspects that form the disputes in the insolvency proceedings there are indicated the historical development of the insolvency, the overall characteristic of the insolvency proceedings, its specific principles and the difference from the former legislation. Further, for making a general overview of disputes arising from the execution and insolvency proceedings, there is also included in the first chapter the classification...
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Raising claims in insolvency proceedings
Kučerová, Petra ; Smolík, Petr (advisor) ; Zoulík, František (referee)
69 Asserting Claims in Insolvency Proceedings The thesis deals with the position of creditors in insolvency proceedings, underlining the issue of asserting claims of creditors. The thesis is divided into 6 main chapters; the first one, The Term and the Meaning of Insolvency Proceedings, describing the term of insolvency proceedings understood as civil proceedings dealing with the solution of insolvency, i.e. the situation when a debtor is in so disfavourable financial situation that they are not able to fulfil their debts. The second chapter concentrates on three methods of resolving insolvency described by the law: insolvency - a traditional liquidation form, and two new sanation forms - reorganization and discharge, giving their short characteristics. The next chapter, Fundamentals of Insolvency Proceedings, describes the basic principles of insolvency proceedings, mostly concerning creditor's rights, strengthened by The Insolvency Law. The commencement of insolvency proceedings and its surroundings (when are proceedings started, what are the requirements of a petition for a bankruptcy order and who has the right to give in such a paper, the announcement of a commencement of insolvency proceedings, since what moment are the creditors able to apply for their claims) are described by chapter 4. The next...
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Evidence in civil proceedings
Klimtová, Alena ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Résumé I chose the topic of evidence in civil legal proceedings as I regard the matter not only as very interesting, but also as very significant from the viewpoint of further specialist work. The production of evidence in civil procedural law includes not only activities by the parties when exercising their subjective rights, but also activities by a court, whose task is to ensure just protection of the rights and legitimate interests of the parties. As evidence in civil legal proceedings is a markedly wide-ranging issue, in this work I have limited myself to an explanation of the basic institutions of evidence in civil legal proceedings and have paid more attention to current questions concerning selected means of evidence, the question of imposing the duty to pay an advance on the costs of evidence in the form of an expert report and the question of the production of evidence through questioning of a minor. In chapter one I attempted an analysis of the term evidence and a specification of the subject of evidence from the viewpoint of its positive and negative definition, i.e., in brief what is and what is not the subject of evidence. I also briefly mentioned the issue of community law in connection with the Czech Republic's membership of the European Union. In this chapter it was also necessary to...
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Types of civil procedure
Chromčíková, Viktória ; Zoulík, František (advisor) ; Pohl, Tomáš (referee)
Types of civil proceedings written by Viktória Chromčíková Abstract This thesis deals with kinds of civil proceedings which have developed for protection of rights in private law sphere. Courts are the authorities that provide protection for rights. In civil proceeding they judge disputes in private law and other issues provided by special acts. There are several kinds of civil proceedings that have developed in time. The history of civil proceeding is described in the first chapter of this work. In the other chapters there are particular kinds of civil proceedings existing according to the present Czech law analyzed. Adversary proceedings resolve the usual dispute of two parties which obtains all that it takes - proceeding is initiated by a petition against a certain person. There must be a hearing held in the case where the both parties are heard (they have the same opportunity). Opposite to this procedure there are proceedings where there is no dispute in the case, but the decision of a court is obliged according to a special act. There is a special public interest on this judgment (decision). Therefore this kind of proceeding can be initiated in official duty and principle of investigation is applied. Execution is initiated only in private interest and is complied with different principles than the...
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