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Selected issues of the creditor's position in execution proceedings
Kafka, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Kafka Ondřej Diplomová práce 68 ABSTRACT "Selected issues of position of the beneficiary in execution procedure" This thesis is engaged in execution proceedings, especially in procedural position of the entitled subject - beneficiary, it means in procedural relations, the party of which the beneficiary is. In kind of execution is in this thesis analysed just execution on money judgement. Whole matter is observed from the position of beneficiary, as it is foreshown in Chapter One. The main accent is put on the chosen tasks inseperably connected with the position of beneficiary, that are in common standing of executions solved very often. The reason of such kind of specialization is that within positive legal regulation in Czech Republic cannot be solicitation of debts through the execution proceedings considered as troublefree. Chapter Two briefly describes execution proceeding. More detailed despcription is devoted just to relevant differences between the execution realized by executor and per curiam. To the contrary the Chapter Three is focused directly on procedural position of beneficiary pending execution proceedings, e.i. within single stages. Statutory conditions for ordering to execution are than analyzed in closer method. Fourth Chapter deals with selected defects of execution title. Main...

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