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Good manners
Havelcová, Žaneta ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Resumé This thesis deals with the concept of "good manners" in Czech legal order. The thesis does not attempt to define good manners. The aim of this work is not to give readers a comprehensive picture of good manners in contemporary Czech society, but to illuminate the term and explain its function. The thesis is divided into five chapters. The first chapter introduces readers to the history of the concept of good manners, with the concepts of morality, public morality and public order, as well as with the rules of good manners and the actual concept of good manners. The first chapter still contains good manners as an interpretative and application rule and the principle of fair trade. The second chapter is devoted to selected issues of individual civil rights. These issues are the following issues - a duty to maintain a divorced spouse, default interest, an usury, laesio enormis, further an objection limitation, a restitution, a penalty and an advertising and good fair competition. The third chapter deals with the case law of the Supreme Court of the Czech Republic and the case law of the Constitutional Court of the Czech Republic. In addition case law, this chapter also deals with importance of good manners and a legal certainty. The fourth chapter deals with good manners in a civil trial. First of all...
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Action for a new trial and action for a mistrial
Ročňáková, Marcela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The subject of my thesis is the Action for a new trial and action for a mistrial. The purpose of this thesis is to characterize these actions from point of view of their exceptionality as the extraordinary remedies, to compare their common and different features and to suggest the possible future legislation. The thesis is composed of seven chapters. The aim of the firts and the second chapter is to briefly characterize the redress procedures, the individual repair systems and the remedies from the general point of view, from which these two actions are patterned. The following chapter briefly describes the extraordinary remedies from the point of view of their characteristic signs and their representation in the present legislation. I am also mentioning the two important amendment of civil procedure, which are responsible of creation the system of remedies as we know it in present form in this chapter. The fourth chapter is divided into nine subchapters and dealing with the analyses of the action for a new trial. The purpose of each subchapter is not only to commonly charecterize the action for a new trial, but also to explain under what circumstances is the action for a new trial unallowable, which subjects are justified to sue, which requisites the action for a new trial has to include, and...
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Execution by sale of immovable property with a special view to the computer processing of the auctions
Krbcová, Veronika ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Law enforcement procedure by a selling real estate is covered by Act No. 120/2001 Coll., on judicial officers and execution activities (the Execution Code), and also by Act No. 99/1963 Coll., the Civil Code Procedure. This dissertation is focused on legal issues of the execution by a selling real estate made by court distrainers and clarification of all procedural phases. The author is also concerned with legal analysis of the execution by a selling real estate in regulatory compliance and is focused on potentional mistakes and lacks of actual legal acts. Substantial part of this dissertation is devoted to the system of electronic auctions and the author tries to explain advantage of electronic auctions in comparison with classical auctions. With regard to passing an Act No. 396/2012 Coll., effective as of 1st of January 2013, that amended the Execution code and the Civil Cole Procedure, the author defines and analyses key changes that this amendment brings in the execution procedure in connection with execution by a selling real estate and also in the life of debtors.
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Legal regulation of service in civil proceedings
Souček, Petr ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This thesis deals with the process of service of documents in civil proceedings. The thesis is based on an analysis of current legislation, which is in the introductory chapter supplemented for completeness with historical excursus to the development of this area of law in past. The thesis is for clarity divided according to the individual manners of service. Each of these methods of service of documents is subject to detailed analysis, and there is pointed out on shortcomings with respect to every manner of service. The aim is not only to analyze comprehensively the issue of service in civil proceedings, but also to point out the application problems that may arise today in connection with the contemporary legislation in practice. The author devotes considerable attention to data-boxes and their role in the process of service of documents, both in the direction from parties to the proceedings to the court and in the opposite direction. Besides electronic forms of service represented by data-boxes and e- mail, the thesis also deals with other methods of service, especially by means of a delivering body. In the seventh chapter is then analyzed institute regarding a declaration of an inefficiency of service, the purpose of which is to mitigate the adverse effects that the current system of service...
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Modification of marital property
Szabo, Markéta ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
The content of this thesis is basicly an explanation of basic issues of the modification of the community property of spouses, including especially conditions of a possible deviation from the legal property conditions of spouses and direct effects of the legal condition change on the spouses' property relationships. Furthermore the thesis also contents investigation in further consequences of the modification of the community property of spouses for the spouses' property relationships in a broad context and in non-standard situations - e. g. in relation to third persons, at the execution of decision of obligation of one of the spouses, or at an insolvency proceeding on the property of one of the spouses. This explanation together with the description of the legal regulation of the modification of legal provisions regulating the marital property law in the Federal Republic of Germany and with the illustration of the development of historic institutes enabling the deviation from the basic legal regulation of the marital property law is the base for a complete evaluation of the legal regulation and for adoption of recommendations de lege ferenda, which are presented at the end of the thesis.
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Neighbour law
Benešová, Radka ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
The main aim of this rigorous thesis is to describe and analyze current state of law of neighbour law within Act No. 40/1964 Coll., Civil Code and subsequently Act. No. 89/2012 Coll., Civil Code with perceived effectiveness to 1.1.2014. The thesis deals with possible interferences to the law of owners, mostly owners of neighbour's immovable things and protection from these interferences. Then the rigorous thesis contains excursion into regulation of neighbour law in Germany and Great Britain.
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The sale of an enterprise as the mode of enforcement (execution) of monetary judgment
Kupka, Miroslav ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This essay was drafted on the topic of "The sale of an enterprise as the mode of enforcement (execution) of monetary judgment". The topic of this essay was chosen by me as I have been working with the execution law and, furthermore, this is very the dynamically expanded legal area in the frame of the civil procedural law. The enforcement (execution) is the legal area which is been experiencing by permanent changes, which main aims are both more effective enforcement of the pecuniary fulfilment on one side and the protection and minimisation of enforcement in reasonable and indispensable cases on the second side. The aim of this essay is to introduce this legal area of the sale of an enterprise as the mode of enforcement (execution) arranged by the judges during enforcement and executions arranged by the executors. Furthermore, I try to compare the current legal status of the enforcement by the sale of an enterprise to the current legal status of enforcement by the sale of a real estate property and also to compare the current legal status of the enforcement by the sale of the enterprise to the legal status effective before the amending the current legal status effective from 1st January 2013. This essay is segmented into the three individual parts. The first part is an introduction of the essay....
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Discharge as a mode of resolving insolvency of a debtor
Dubová, Vendula ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge from debts as a mode of resolving insolvency of a debtor The aim of this thesis is to describe the institute of discharge from debts as one of the methods of resolving insolvency of a debtor, its principles and development, in the legal regulation in the context of relevant case-law and literature with respect to the ratified amendment of the legal regulation. Discharge from debts is according to the valid Czech legal regulation, which is the Act no. 182/2006 Coll., the Insolvency Act, a method of resolving insolvency of a debtor, which we count, together with reorganization, among rehabilitation methods of resolving insolvency. The purpose of discharge from debts is ensuring relative satisfaction of creditors, which is not liquidating for the debtor, and enabling him a new life without debts. It concerns debtors non- entrepreneurs, natural persons and legal entities. Only the debtor is entitled to apply for discharge from debts. The court shall while deciding on the debt discharge permission consider especially whether it is likely that at least 30 % of the claims of creditors receivable from the debtor will be settled and it shall also assess the honest intentions of the debtor. There are two forms of the discharge from debts. One of them is discharge from debts by means of converting the...
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The Principle of Arbitrary Order with the Accent on Contentious Trial Proceedings
Krtička, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The Principle of Arbitrary Order with the Accent on Contentious Trial Proceedings The purpose of my thesis is to analyse the principle of arbitrary order and its role in recent civil-procedure legislation both in the Czech Republic and abroad. The reason for my research is the incessant discussion of experts and the continuing need for amendment of the Civil Procedure Code to ensure a balance between examination of facts and reasonable time of hearing. The thesis is composed of six chapters. Chapter One is introductory and defines basic terminology used in the thesis, especially the fundamental principles of civil procedure and principles of procedural order. Chapter Two describes historical development of arbitrary order in our country from the Austro-Hungarian Empire. Chapter Three is subdivided into three parts. Part One highlights the most important international-law and constitutional grounds for the current order of the proceedings. Part Two and Three looks at amendments which brought substantial changes to the principle of arbitrary order after 2000. Chapter Four is focused on today's legislation and problems resulting from its ambiguous interpretation. Chapter Five provides a view of foreign legislation and its approach to the selected topic. The chosen jurisdictions are Austria, Germany and...
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The position of entitled person at the enforcement of judgement
Pušová, Kristýna ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The purpose of my thesis is to analyze a position of an entitled person in the process of enforcement obligation, which was adjudged by a judicial decision and wasn't fulfilled by an obliged person voluntarily. The paper is focused on the enforcement of private, pecuniary obligations. Execution procedure and all described institutes are observed from the entitled person's point of view, particularly with regard to her fundamental effort to satisfy her claim. The thesis also deals with the entitled person's options to face the obliged person's means of defense, especially deferral and discontinuance of the execution. The aim is to evaluate the current legislation's adjustment of the position of the entitled person and to try to suggest possibilities of change which could provide more effective execution for the entitled person while preserving the obliged person's rights. The thesis is divided into four chapters. The first one presents the position of the topic in the system of law and introduces the subject and the characteristic of the main terms: the execution and the entitled person. The next chapter is focused on the relation between the entitled person and persons different from the obliged person who are concerned in the execution, and highlights the most important moments of this link. There...
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