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Principles of civil law procedure
Szalonnás, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The purpose of my thesis is to analyse principles of civil procedure that are derived from the right to a fair trial. This topic is very actual partly because of the newest development of society (which poses new challenges even for the civil procedure) and partly because of the specific situation in the Czech Republic. Therefore it is necessary to not only be aware of the basic principles of the civil procedure, but as well know how they are being applied. The thesis is composed of seven chapters, each of them dealing with a different principle. Chapter One is introductory and defines what are the principles concerned, where they come from and explores their history. The next part of the first chapter attempts to elucidate why this topic is of an interest in the Czech Republic at the current time. Chapter Two deals with the right to an independent and impartial tribunal established by law. Chapter Three focuses on the right to a fair hearing and ways by which it is secured. The right to a fair hearing consists of set of important rights, e. g. right to a hearing in one's presence, right to an effective participation at the hearing and right to an adversarial trial. Those rights must be interpreted in compliance with the principle of equality of arms. Chapter Four explores the right to trial within...
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Common debt discharge procedure of spouses
Blažej, Petr ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The thesis analyzes institute of common debt discharge procedure of spouses. The whole procedure of debt discharge by highlighting the specifics of the debt discharge procedure of the community property is described. The thesis defines requirements of insolvency petition and the petition for permission of debt discharge. Attention is also paid to the conditions of admissibility of debt discharge, therefore the issue of (in)admissibility of debt discharge for entrepreneurs, assessment of bad faith and the minimum legal threshold of 30 % satisfaction of creditors' claims. The thesis also describes legislative changes that came into the force in 1st January 2014, namely the revision amendment of Insolvency Act and new Civil Code Act. Attention is also paid to issue of forum shopping and comparison of Slovak and Czech legal regulation of debt discharge procedure.
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Discharge of spouses from debts
Singerová, Markéta ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
On the 1st of January 2008, Act. No. 182/2006 Coll. on Bankruptcy and its Settlement Method (Insolvency Act), came into force, and serves as the current bankruptcy legislation in the Czech Republic. This act introduced a new institute to Czech law, the institute of debt relief, the only remedial way of resolving bankruptcy. This thesis is focused on the detailed analysis of the institute of debt relief, mainly on the joint debt relief of spouses that was introduced to Czech Law by the established practice of the court instead of legislation. The main objective of this thesis is to describe the institute of joint debt relief of spouses which will be preceded by a general introduction to the statutory regulation of debt relief. This thesis consists of six chapters; the first one depicts the most important historical milestones of the evolution of bankruptcy law in the Czech Republic up until the adoption of the aforementioned Insolvency Act, which is still valid and effective to this date. The next chapter analyses the most important condition for insolvency proceedings in the author's opinion, which is the debtor's insolvency and its establishment by the insolvency court, followed by the third chapter that concisely and clearly summarizes all possible options to resolve the insolvency under the...
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Assets
Ryšlavý, Dalibor ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The aim of this thesis is mainly define Institute of assets within the meaning of the Insolvency Act. This thesis is also interested in two important terms, Insolvency register and Insolvency administrator. This Thesis deals with the activity and competencies of the insolvency administrator in the process of determination and listing the assets. This thesis also deals with invalidity and unenforceability of legal acts, which reduce the assets. This thesis deals compared Insolvency Act and the older Act on Bankruptcy and Composition and author's de lege ferenda ideas as well. Attention being paid is also insolvency proceedings with European international element contained in Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.
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Insolvency proceedings and their application in practice
Arnold, Edita ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
In this work, I have focused on solving problems of analysis of the debtor's bankruptcy in the Czech Republic in terms of its practical application. I interpreted the relevant provisions of the Insolvency Act relating to the issue of insolvency proceedings, and I tried to explain some of the problems that have occurred in connection with the application of the insolvency law. Work is conceived so as to explain the issue of resolving insolvency of the debtor in general. Individual chapters provide a general interpretation of the issue, both in terms of the Insolvency Court, which decides on insolvency proposals from the perspective of the legislature, trustee in bankruptcy, the creditor and the debtor. Given the scope of this study was important to examine the individual sub- problems of certain statutory provisions in detail. However, where they have been in practice for common problems and where there was confusion, there was given to wider attention to this issue. The work is complemented about judicial decisions, where are application problems practically interpreted.
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Liability for defects in the purchase agreement
Maisner, Václav ; Pohl, Tomáš (advisor) ; Elischer, David (referee)
Liability for defects in the purchase agreement Resumé This work is aimed at a deeper understanding of the issue of liability for defects in the purchase agreement, especially by the comparison the responsibility for defects in the purchase contract in the Civil Code and the Commercial Code, as well as in the new Civil Code. The thesis consists of five chapters, introduction and conclusion, each of them dealing with different aspects of the legal rules regulating main topic. In the introduction, there are illustrated particular points, which determine tasks of the paper. Chapter One shortly defines general terminology as a liability, legal liability, conditions of liability and a classification of liability. Chapter Two refers to sources of law concerning the liability for defects. The analysis of the sources and the reciprocal relation between the main statutes - Civil Code and Commercial Code - and its particular provisions is very important for the comprehension of the topic. Chapter Three examines the differences between various types of legal liability. There is a brief description of liability for damages, liability for delay and unjust enrichment. These instruments of law must be distinguished from liability for defects, as they are often confused. Chapter Four consists of six parts, which represent...
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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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Sale of Real Estate as a method of Execution
Pilzová, Lenka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
I chose the topic of this thesis in connection with constantly increasing number of court's execution done on basis of Code of Civil Procedure with execution done by executors on the basis of Code of Execution and plenty of related theoretical and practical problems. The thesis focuses on the sale of real estate because it is one of the most serious intervention to the debtor's property. This thesis is devided into the chapters according to their importance from the general principles to the detailed views on the institutes within the chosen topic. In my thesis I also analyze the differences between the law in force now and the same law in force earlier. I also point out an issue of the two-way character of court's execution done on basis of Code of Civil Procedure and execution done by executors on the basis of Code of Execution. At the end I deal with the issues related to the topic of this thesis which I could not put into the text earlier. Powered by TCPDF (www.tcpdf.org)
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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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