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Domestic arbitration proceedings in Czech Republic
Dušek, Lukáš ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The diploma thesis deals with domestic arbitration proceedings in the Czech Republic. The topic has been chosen by the author because the arbitration could have a big potential as it is a mechanism which is well adaptable to individual needs of parties. During last few years it has became evident that the arbitration is being abused by some subjects and the substantive law protection of some subject is circumvented by arbitration. Thus, the reputation of arbitration has been damaged. The aim of the thesis is to examine eventual limits of application of domestic arbitration, the possibilities of abusing it and law tools aiming to protect against the abusing. In the introduction the author's opinion is introduced stating why the domestic arbitration is different from international arbitration. The author notes that the traditional mechanism of domestic dispute resolution is court proceedings. The same could not be said about international dispute resolution. Furthermore, the author argues that in international relations there is applied wider autonomy of will of the parties than in domestic relations. Also the bodies acting in international arbitration have significantly better reputation and credibility. There are also not differences between various law orders in domestic relations and the consumer...
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Discharge of debts in case of community property
Tomáš, Michal ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Discharge of debts in case of community property Debt discharge is in Czech legal order relatively new legal institution and its application still gives rise to a number of questions and doubts. This work primarily focuses on situations when the discharge of debt concerns the community property. It means on one side the common discharge of spouses and on other hand discharge of debts of married debtor, whose spouse did not petitioned to permit debt discharge. We also concentrate on personal scope of debt discharge institution, mainly because it is not clear, whether the entrepreneur can also take advantage of debt discharge, or not. Further we would like to point out that present valid and effective articulation of the Insolvency Act does not include institution of common debt discharge of spouses, which has been created by insolvency courts but its application has not been unified. It is also not clear how would be the spouse of debtor who filed a petition to permit debt discharge and their community property affected by the discharge procedure, when the spouse of the debtor is not party to a case. We also deal with a problem, how should creditors file the applications of the receivables against the spouses and how to review these receivables, when the statutory regulations are missing and the...
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Discharge of debts as a remediation method of resolving insolvency
Srnková, Veronika ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
This thesis approaches discharge of debts as a remediation method of resolving insolvency. Discharge of debts is a second chance for people who are unable to repay their debts. This method of resolving insolvency is not suitable for all borrowers, applies only to persons non-entrepreneurs who have regular income from which they can regularly pay their debt repayments. The remediation method of resolving insolvency is thus that the borrower is in compliance with all the conditions laid down by the Insolvency Act exempted from payment of the remaining liabilities because only paid proportionally.
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Regeneration in Judo
Holý, Jakub ; Pavelka, Radim (advisor) ; Smolík, Petr (referee)
Bachelor thesis title: Regeneration in judo Goal: Comparison of various possibilities of regeneration methods and tools of the professional club USK Praha and non-professional club Judo Přibram. Gathering and comparison of the knowledge in the sphere of regeneration methods, among the competitors in chosen groups. Method: The questionnaire survey, qualitative research. Results: Of From the gathered results we recognize, that of ten regeneration methods the professional club USK Praha is performing nine. The non-professional club Judo Přibram is using six regeneration tools. The most used methods are stretching, sleep and sauna. Key words: Judo, Regeneration, Regenerative means, Regenerations procedures.
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Influence of body composition on explosive power of elite judokas
Turek, Miroslav ; Pavelka, Radim (advisor) ; Smolík, Petr (referee)
Title: Influence of body composition on explosive power of elite judokas Objectives: The main aim of the thesis is to discover whether the body composition effects the explosive power of elite judokas. The work also depicts the development of the explosive power during training and describes how to measure and compare the explosive power in upper limbs of a selected group of professional judo fighters within a general and specific exercise. Another aim of the thesis is to determine which weight categories are characterized by the biggest explosive power in upper limbs and whether this power mounts with the increasing weight category. Methods: The thesis has an empirical and theoreticalcharacter. Methods of data collecting, analysis of technical literature in the field of general sports preparation and judo training were used for the research. For the evaluation, the basic statistic methods and Spearman correlative coefficient were applied. Results: The results of the thesis point out the fact that the explosive power doesn't depend on the amount of active substance in the body of a contestant. The best results in the amount of explosive power from the testing exercises were achieved by the individuals within the weight category up to 90 kg, 81 kg and 100 kg. It has also been affirmed that the...
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The most commonly used techniques in judo competitions in the world
Turek, Jindřich ; Pavelka, Radim (advisor) ; Smolík, Petr (referee)
Title: The most commonly used techniques in judo competitions in the world. Objectives: The main aim of this work is to find out which the most commonly used techniques in judo competitions in the word. Define a list of the most commomnly used techniques before the rules change and after the rules change. Furthermore to find out the most commonly used techniques by countries in these competitions. Methods: The author used various methods of data collection and the analysis of technical bibliografy which was focused on general sports preparations, obseravation method, analysis of documents captured in the written or videos form. The materials and the bibliografy were analyzed and structured according to applicability to the specific subjects. Results: The results of this paper emphasize the most commonly used techniques in judo competitions in the word before the change rules of judo is technique seoi nage and after the change rules is uchi mata. Among the most technical of the country in these competitions include Japan, Korea and Russia. The most commonly used technique for Japan is uchi mata, Korea is seoi nage and for Russian is keashi waza. Keywords: judo, technique, world cup
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The appeal in the civil legal proceedings
Šmídová, Marta ; Frintová, Dita (referee) ; Smolík, Petr (referee)
The work deals with the appeal as the only proper legal remedy in the civil legal proceedings. After the general characterization of the appeal the work analyses the conditions of admissibility and inadmissibility of the appeal in the law given cases. The work proceeds to deal with the effects of the submitted appeal, the renouncement and the abandoning of the appeal. The attention is also paid to general and special requirements of the appeal and to the conditions under which new facts and proofs can be asserted. The most comprehensive chapter has to do with the very appellate proceedings. There is a description of the work of the court of first instance and the one of appeal in the appellate proceedings, and furthermore quantitative and qualitative range of the appeal review. The explanation of the evidence process in the appellate proceedings, the duty of notice of the appellate court and the way of hearing an appeal is treated as well. In addition there is a special chapter that describes the way an appellate court reaches a decision. The ending of the work is devoted to the costs of the appellate procedure and the author's recommendations de lege ferenda.
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Court decisions on costs in civil procedure
Filipová, Tereza ; Frintová, Dita (advisor) ; Smolík, Petr (referee)
The object of this thesis is to capture the issue of court decisions on costs of civil proceeding. The purpose of the work is to take possible solutions whose application could lead to subsequent improvement of courts'desicions on costs and simplifying the decision making process. Furthermore, legislation in the Czech Republic is beeing analyzed. Apart from that, the thesis deals itself with the basic principles of decisions on the costs supported by case law which can be applied in judicial practice. Attention is also focused on theoretical questions of costs - the types of costs, the issue of legal fees, compensation of costs, decision making process, procedural economy and the bill of costs. Apart from that the subject of my interest are specific cases from practice courts, which are legally interesting or controversial. In addition to that, I pursue the field of legal aid, which is compared with its equivalents in the Federal Republic of Germany and Slovak Republic.
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Raising claims in insolvency proceedings
Konečný, Petr ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
RAISING CLAIMS IN INSOLVENCY PROCEEDINGS - ABSTRACT The purpose of my thesis is to analyse the process of raising, review and settlement of the claims in the bankruptcy (insolvency) proceedings pursuant to the Act No. 182/2006 Coll., on bankruptcy and means of resolution thereof (hereinafter "The Insolvency Act"). The other important aim of this thesis is to discuss important pros and cons of the contemporary Insolvency Act which has replaced the Act No. 328/1991 Coll., on bankruptcy and settlement (hereinafter "The Bankruptcy and Settlement Act"). In general, the thesis primarily describes the kinds of the claims and all legal requirements for their proper raising. The special attention is paid to the claims of the secured creditors. The end of the thesis contains the reflection of the contemporary legislation and its outlook to the future. The introduction of the thesis submits the definition of the basic terms used in the thesis and it describes the basic aim of the following chapters. The thesis is then divided into five chapters. Chapter One is further divided into two parts. Part One contains the description of the basic principles of the bankruptcy proceedings and a place of the insolvency proceedings in the legislation of the Czech Republic. Part Two concerns with the history of the bankruptcy...
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Executory Title as a Basis for Enforcement of Decision
Guckler, Daniel ; Smolík, Petr (advisor) ; Macková, Alena (referee)
I. Abstract The aim of the thesis is to describe the issue of enforcement claims under execution for monetary compensation according to the Executory Code and judicial enforcement of decision under Part Six of the Civil Procedure Code. Consensus for judicial enforcement and execution, which is largely based on the regulation of judicial enforcement of decision, as the Executory Code is special to the Civil Procedure Code, made the author realize clearer interpretation of individual topics from the point of view of judicial enforcement of decision and parallelly from the view of judicial execution. Executory title is essential requirement for judicial enforcement of decision or writ of execution. However, it is not the only one prerequisite. There are other assumptions, which are requirement to the writ of enforcement and successful completion of the execution or judicial enforcement. Other essential attributes, that need to be examined, are perfection of proposal, active legitimation of the claimant, passive legitimation of the debtor, their eligibility, litispendentio or rei iudicatae etc. The absence of even only one of the conditions proceeding is a procedural defect. Execution proceedings and judicial enforcement consist of several phases. Also in the phase of own enforcement, there can be facts, which...
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