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The notary and civil procedure
Štibingerová, Radka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The title: The notary and civil procedure The aim of the thesis is to map the activity of notaries in the legal order of the Czech Republic, which is considered to be very specific by public. The thesis focuses on the relationship of the notary and the civil procedure. It deals with the role of the notary in the civil procedure. The thesis is divided into six chapters. The first one describes the history of a notary public and the assumptions for notarial activity and for its commencement are also clarified. Part of this chapter deals with the basic features of the notarial profession, such as the impartiality and independence of notaries, the principles of which notary public is controlled, and notarial career. The second chapter of the thesis focuses on the relation between a notary and civil procedure, which can be defined as process of the court and the participants in order to provide the protection of subjective rights and obligations. One of the areas, where the role of the notary is reflected is legal assistance. The third chapter concerns with the provision of the legal assistance by the notary. The notary may act as a representative of the party and then has the status of a lawyer. The term legal assistance refers to representation in the proceedings before courts and other authorities,...
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Proceedings relating to decedent's estate
Chvalinová, Barbora ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The title of my Master's degree thesis is "Proceedings relating to decedent's estate". I have chosen this topic because of many reasons. Although it is a traditional institute of civil procedure law, the topic is still very actual with regard to the new legislation in the Act No. 89/2012 Coll., The Civil Code, which was a significant extension of inheritance law, and the related procedural legislation in the Act No. 292/2013 Coll., on special judicial proceedings. Another reason is that I find this topic interesting, mainly because of its complexity and significant blending of procedural and substantive legislation. Since participation in inheritance proceeding is an inevitable issue in person's life, I wanted to extend my knowledge of the new legislation. Moreover I find this topic wrongfully overlooked in advocacy, to which I would like to head after graduation. The aim of the thesis is to describe the course of proceedings relating to decedent's estate and to show the different stages of the procedure and also include important substantive aspects and institutes which affect this procedure in the extent necessary. With regard to the adoption of new legislation I tried to highlight the most important changes and differences between the new legislation and legislation effective until 31. 12. 2013,...
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Inheritance procedure
Fišerová, Tereza ; Frinta, Ondřej (advisor) ; Pohl, Tomáš (referee)
I have chosen the subject of Inheritance procedure in order to get more familiar with this area of law. With the help of effective legal regulations this thesis was aimed to make a thorough analysis of the inheritance procedure and to find a better solution to some of the problematic aspects of the current legislation. In the introduction I briefly deal with some of the historic events. At the same time, I mention changes which will be introduced by the new civil code. Then, the inheritance procedure is generally charecterised and I deal with the authority and competence of the courts, with the subjects of the inheritance procedure and with its delivery. The next part looks into the process specifically. It includes the following chapters: Initiation, Further progress, Inheritance administrator and the preliminary measures, Preparation of materials for the proceedings, Proceedings, Settlement of the common property of spouses, Inventory of assets and liabilities, Final resolution on the heritage, Overindebted heritage and Corrective tools. The chapters which follow deal with the dependencies among the inheritance, enforcement and insolvency proceedings. In the final chapter I summarize my suggestions which I concluded during the process of writing this thesis, as well as present my own attitude to...
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The notary and civil procedure
Straděj, Jakub ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis titled "The notary and civil procedure" deals with the role of notaries in the legal order of the Czech Republic. Notaries public have a long historical tradition in our country, even though the organization of their profession has changed over the years. General awareness of their profession, which is considered to be very conservative, is not too widespread. It was also one of the reasons, why I chose thesis topic from this field. The aim of this work is to analyze the activities of notary, which are related to the civil procedural law and civil process, characterize the principles, which are typical for him and to clarify the position in which is the notary public while conducting each task. This thesis is divided into five chapters. First of them, except a brief history, explains basic concepts such as notary and notary office. This is followed by a description of the fundamental notary principles, assumptions for the appointment and organization of their profession. In the first half of the second chapter are summarized all activities of notaries in the Czech Republic under the current Law on Notaries. The civil process is defined in the rest of the chapter; it connects with the role of the notary to form a logical basis for the following three chapters describing the specific activities....
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The activity of a notary in relation to the common assets of spouses
Králová, Martina ; Dvořák, Jan (referee) ; Pohl, Tomáš (referee)
This rigorous thesis deals with the activities of notaries in relation to the common assets of spouses. The theme was chosen because of the profession of the author, who works as a permanent representative of the notary. The purpose of this thesis is not a detailed interpretation of all legal provisions in the common assets of spouses, or to answer any questions that this legal institute initiates. Its aim is to preview the common assets of spouses from the perspective of a notary, who acts in the position of the impartial and independent person, equipped with professional knowledge. The rigorous thesis is divided into six chapters. The first chapter describes the legal regulation of the common assets of spouses. The second explains the basic concepts related to the notary and notary activities, and it also deals with the notarial records of agreements modifying the common assets of spouses. The third chapter deals with probate proceedings in connection with the common assets of spouses. The fourth focuses on the acquisition of real estate property by spouses. In the fifth chapter I describe some of the European legislation of the marital property law. The sixth chapter deals with the amendment of the Civil Code in relation to the common assets of spouses.
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Inheritance proceedings in the Czech Republic and Germany
Procházka, Tomáš ; Macková, Alena (advisor) ; Mikeš, Jiří (referee)
TITLE: Inheritance proceedings in the Czech republic and Germany AUTHOR: Mgr. Tomáš Procházka DEPARTMENT: Civil law SUPERVISOR: Doc. JUDr. Alena Macková, Ph.D ABSTRACT: This thesis is about detailed legal analysis of the probate proceedings in the Czech republic and Germany. The Thesis is examines current issues of succession and diversity of both countries. The conclusion and contribution thesis is acquisition knowledge based on the results carried out research methods. This thesis is clearly divided into twelve chapters. In conclusion summarizes the problems identified in the inheritance of both countries, and proposed suggestions de lege ferenda. Suggestions lead to consider not only the inadequacy of existing regulations, but also the possibility of changes aimed at the uplift of our legislation to the level of other major European codes. This thesis is working with law of the Czech republic and Germany, professional books and journals of both countries, case law and jurisprudence even older which is used today. KEYWORDS: Death, Inheritance proceedings, Liquidation, Law court, Notary,
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Inheritance proceedings
Černá, Kamila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Inheritance proceedings The goal of my Master's thesis is to describe in detail the course of the inheritance proceedings. Even though, the overall rule states that inheritance is assumed at the moment of decedent's death, the inheritance proceedings must take place. It is therefore a procedure set by law that is presided by a notary as a court commissar who is authorized by a competent court. During the proceedings, the notary locates decedent's inheritors, his assets and debts. With conclusion of the proceedings, all decedent's property relations are assorted in order. Simply it can be said, the conclusion of the inheritance proceedings is a division of decedent's assets and debts among all heirs. This thesis is divided into five chapters. The first chapter describes the history of the inheritance proceedings and the position of a notary as a court commissar in the period in between the First Republic to the contemporary practice. Furthermore, the contemporary inheritance proceeding is characterized as well as its function and legal framework, including its demarcation as a non-adversarial process. The second chapter deals with matters of court's authority and competence for the inheritance proceedings. The subchapter with inheritance proceedings with a foreign aspect, e.g. inheritance proceeding...
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A notary in inheritance proceedings
Kejvalová, Petra ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
A notary in inheritance proceedings The aim of the study is to describe the activity of the notary as a court commissioner in inheritance proceedings and to compare Czech and Slovak legislation on this issue. In our legislation the inheritance proceeding is mandatory, as well as court commissariat, which means that when the court learns of the death of the person promptly starts the inheritance proceedings and instructs the court commissioner with the acts in proceedings. Court commissioner has de facto the control of the inheritance proceedings in his hands and with small exceptions he makes all acts in the proceeding. I chose this theme because I am interested in notary in general and court commissariat is one of the most important activities of the notary. This study is divided into three parts: 1.part- Notary in the inheritance proceedings in Czech Republic, 2. part- Notary in the inheritance proceedings in Slovak Republic, 3.part-final summary and the comparison. The parts are further divided into chapters and subchapters. I and II. part are structured similarly, but differ in scope. First part is more detailed and brings out also some problems, which are connected with this institution. In this part, I wrote also about some aspects of court commissariat in Austrian legislation to provide better...
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Issues of judicial proceedings of inheritance in the Czech Republic
Bartoníčková, Lenka ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
This diploma thesis characterizes a specified field of the civil law that deals with the judicial proceedings of inheritance through the analysis of professional literature and relevant case law. The attention is especially devoted to development of the legislation, the proceedings in the beginning of this judicial proceedings and its parties, the minor included, possible discretions of the decedent with his belongings, the conflicts appeared in this judicial proceedings, the settlement of the estate in entirety, the question of the overextended asset and the selected issues of judicial proceedings of inheritance with the international aspect (Regulation (EU) No 650/2012 of the European Parliament and of the Council).The thesis points out the main amendments which have been brought to the judicial proceedings of inheritance by the recodification of the private law that has been in effect in Czech Republic since 01. 01. 2014. The thesis was composed by the method of description with elements of analysis and synthesis. The individual legal institutes are described, analytically examined and evaluated. There are presented their mutual connections and the view of the problematic as a whole. The comparative method was used as well by evaluating the present legislation with the former one that was in effect in the Czech Republic until 31. 12. 2013.
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Property valuation for inheritance
Osmanová, Sára ; Hrabincová, Dagmar (referee) ; Krejza, Zdeněk (advisor)
The bachelor thesis is focused on defining general methods of appraising property for purposes of inheritance and on subsequent analysis of financial aspects of the inheritance. For the inheritance proceedings it is necessary to set the usual price of assets of the inheritance, which is needed for determining the notary's remuneration. In the case study apprasials of usual real property prices in Čebín were made. The comparative method was used for appraisal.
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