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Notary in the legal order of the Czech Republic and Australia
Šmídová, Kateřina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The main goal of this thesis, called "Notary in the legal order of the Czech Republic and Australia", is to introduce general principles of the notary's role in the Czech Republic and Australia with a subsequent comparison of these two codes and a description of their differences. The first part deals with the functions of a notary in the Czech Republic and introduces our regulation of a notarial office. The first chapter is dedicated to the history of the notarial office in the Czech lands. The next chapter presents the principal law regulations that set the notarial office's rules and notaries' powers. The subsequent chapter deals with the procedure and conditions of notary appointments and notarial office. Within the chapter, the notarial staff is introduced, as well as the reasons for removal from office. The fourth chapter, called "Notarial Powers", examines different functions of notaries, for example inheritance procedure or drawing up of Notarial Records. The further chapter illustrates what fees for notarial services are and how they are determined. The last chapter of the first part provides information about the lists and registers led by the Notarial Chamber of the Czech Republic. The second part of the thesis is devoted to notaries public in Australia. Similarly to the first part, the first...
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The child at risk in Private and Public Law
Hanuš, Daniel ; Macková, Alena (advisor) ; Frinta, Ondřej (referee) ; Psutka, Jindřich (referee)
The child at risk in Private and Public Law Abstract This dissertation thesis deals with the issue of the child at risk in private and public law. The aim is to define the historical, theoretical, content, and practical level of the term "child at risk" and related concepts in a variety of disciplinary insights, as they are embedded in private and public law in the Czech Republic in interrelated contexts and meanings. In addition, this thesis also presents particular findings in the light of the discussed disciplines. Furthermore, the content is focused on the definition of related professional interdisciplinary contexts and their legal embedding in substantive and procedural law. The methodological context of the professional legal approach to the examination of the chosen issue is not left out either. The theory of the child at risk, including basic categories, is also presented including the context of selected specific legal branches and their framework of legal protection provided to the minor persons. This thesis also reflects particular life situations in which the child may experience a risk, and identifies how these situations are reflected in the content of the Czech legal system (private and public law), international law and jurisprudence. The analysis, presentation and possible evaluation of de...
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Inheritance proceedings in the Czech Republic and Austria comparative study
Gadasová, Simona ; Macková, Alena (advisor) ; Frintová, Dita (referee)
108 Inheritance proceedings in the Czech Republic and Austria Abstract This rigorous thesis entitled "Inheritance proceedings in the Czech Republic and Austria" focuses on the analysis of legal regulation of probate in both mentioned countries and also on their comparison. The aim of this work is not a detailed description of all institutes related to probate, but rather a comprehensive overview of the proceedings in both countries. Furthermore, this thesis focuses on pointing out the problems occurring in notary practice in connection with inheritance proceedings, which in some respects are brought about by unclear legal regulation as well as certain changes and news in society, which are also manifested in court proceedings. Part of this thesis is also the proposal of possible legislative solutions to the mentioned problems. The work itself is divided into three main parts, namely Inheritance proceedings in the Czech Republic, Inheritance proceedings in Austria and a Comparison of probate proceedings in the Czech Republicand in Austria. The first part of this thesis focuses on the historical development of notaries in our country, its current status and legal regulation. Subsequently, the probate proceedings are described in general terms, including the principles applied in it, its participants and also...
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Inheritance proceedings with a focus on the transfer of the testator's debts
Fučíková, Tereza ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Inheritance proceedings with a focus on the transfer of the testator's debts Abstract This diploma thesis, entitled Inheritance proceedings with a focus on the transfer of the testator's debts, deals with inheritance proceedings as such with an emphasis on the transfer of the testator's debts to his legal successors and their settlement. The thesis is divided into four separate chapters. The first chapter contains a general introduction to the basic principles of civil procedural law, uncontested proceedings, and inheritance, to the purpose of inheritance proceedings, and to the sources of law on which the inheritance proceedings are based. Other subchapters are also devoted to defining the jurisdiction of the court and identifying the persons involved in the proceedings. The second chapter deals with the course of inheritance proceedings with a focus on the transfer of the testator's debts from its commencement to its final termination. The chapter discusses, among other things, the preliminary investigation, identification of the estate's assets and liabilities, separate subchapters are devoted to the reservation of the inventory and convocation of creditors. Furthermore, the discussion of the estate itself and the decision on the estate are discussed. The last subchapter briefly deals with the additional...
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eJustice in civil procedure
Souhrada, Jakub ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
eJustice in civil procedure Abstract This thesis deals with eJustice in civil proceedings, and specifically with electronic tools that can be used in civil proceedings. The purpose of the thesis was to describe and analyse the current legal regulation of the eJustice tools introduced so far from the perspective of civil proceedings using the descriptive method and the analytical method and to answer the research questions that the author asked in the introduction of the thesis. The thesis consists of seven chapters. The first chapter focuses on the relationship between eGovernment and eJustice. The second chapter provides an explanation of the concept of eJustice in civil proceedings. The third chapter maps the historical development of eJustice in the Czech Republic. The fourth chapter describes the goals set for eJustice. The fifth chapter discusses the individual eJustice tools applicable in civil proceedings, namely electronic communication tools, tools for payment of court fees, tools related to obtaining information necessary for a decision, tools related to random allocation of ideas, tools related to the course of court proceedings and tools through which courts provide information about their activities to the public. The sixth chapter evaluates the tools described and analysed in the previous...
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Bill of exchange order for payment
Švarcová, Iveta ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Bill of exchange order for payment Abstract The subject of this thesis is the bill of exchange payment order and the proceedings leading to its issuance, as well as the proceedings following its issuance if objections are filed against the bill of exchange payment order. The bill of exchange order procedure is an institute of civil procedural law that has not undergone fundamental changes, and therefore it is possible to draw on older sources. The author uses case law and scientific literature while attempting to highlight the problematic aspects related to the issuance of a bill of exchange payment order and providing a comparison of individual opinions on the issue, including her own. The thesis is divided into six chapters, further divided into subchapters. The content of each chapter is outlined below. First, the history of the substantive and procedural bill of exchange law in the Czech Republic is briefly mentioned, followed by a chapter devoted to the general characteristics of warrant proceedings and other types of payment orders in the Czech legal system, emphasizing their mutual comparison. The third chapter focuses on the bill of exchange order itself, the conditions for its issuance, its content and particulars, and its delivery to the defendant. In the next chapter, the author deals with the...
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The position of a judge with a focus on acces to the profession of judge
Borovcová, Martina ; Macková, Alena (advisor) ; Dvořák, Bohumil (referee)
Status of a Judge with a Focus on the Approach to the Judicial Profession - Abstract This rigorous thesis deals with the legal regulation of the creation of the office of judge in response to the amendment to Act No. 6/2002 Sb., on courts and judges, implemented by Act No. 218/2021 Sb. effective from 1 January 2022. To evaluate the legal regulation of the appointment of judges, it is based on the definition of the concepts of judiciary, court and judge, describes the basic tasks of courts and the prerequisites for their proper functioning. The thesis defines independence as a fundamental aspect of the proper functioning of courts and judges. It deals with the concept of independence and its guarantees. It concludes that the method of appointing judges influences and is also a guarantee of this independence. In connection with independence of the judiciary, it also mentions the influence of the executive branch on the selection and appointment of judges. It analyses the legal regulation of approach to the office of judge valid until 31 December 2021, including a description of historical context to clarify the continuity of the legal regulation with social development. It describes attempts to unify the method of selecting candidates for judicial office. The main part of the thesis is devoted to the new...
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Application of claims to bancrupcy proceedings
Horák, Milan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Application of claims to bancrupcy proceedings Abstract This thesis deals with claiming entitlements within insolvency proceedings. The aim of this thesis is to provide a comprehensive overview of formal requirements for creditors and all types of entitlements which can be claimed in insolvency proceedings regardless at what phase of the proceeding they originated. The thesis is approached with a practical point of view with the use of years of experience in the field of insolvency law. Practical consequences are stated in each chapter. The positives and negatives of individual amendments to the Insolvency act and proposals de lege ferenda are stated in the conclusion. Key words: claim, entitlement, insolvency proceeding, creditor
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Evidence in civil proceedings and Information technology
Vobořil, Daniel ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This diploma thesis deals with the issue of evidence in civil proceedings and evidence closely related to information technology. The importance of this issue constantly intensifies together with the expansion of digitization in social relations. Particular attention is paid to the issue of electronic evidence in a broader sense, its probative value, characteristics, but also to the issue of their imputability to a specific person or authenticity. At the same time, the thesis focuses on the practical aspect of this matter and the way in which the relevant evidence is obtained and taken, especially with regard to the approach and decision-making practice of Czech courts. The overall objective of the thesis is to evaluate current practice and to define basic practical and theoretical issues arising from the specificity of such evidence. It also needed to be pointed out that there are numerous advantages electronic evidence carries, among others, the amount of information it contains. At the same time, the attention is also briefly paid to possible future developments in this area. For this very purpose, the thesis is divided into several parts in order to provide, first and foremost, insight into the general underpinnings of information technology and evidence in civil proceedings. Central to this...
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The benefit of inventory in inheritance proceedings
Kejharová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The benefit of inventory in inheritance proceedings The thesis provides a description of an issue of heir liability to the debts of testators and a restriction of this capacity in a form of the benefit of inventory institute. The aim of the thesis is to provide a complex description of this institute and an impact of its use on the process of inheritance procedure. The thesis also deals with a legislation of an estate inventory and its practical usage. Part of the thesis is devoted to a comparison of a current legislation with the previous one as well as a comparison with the German legislation. The thesis is divided systematically into five chapters. The aim of the first chapter is to explain basic concepts and principles that should offer the reader a theoretical base, which means regarding an inheritance procedure per se and mainly to elucidate a concept of a testator's debts transfer in connection with a principle of universal succession. The second chapter deals with a comparison of testator's debts transfer to an heir included in the Civil Code with a previous legislation. The chapter outlines the ideological changes that occurred in the course of time and how these were projected into inheritance law legislation. A major part of the chapter deals mostly with a comparison with a common Civil...
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