|
|
Administration of the estate in case of resolution of the debtor's insolvency by bankruptcy
Havrda, Vít ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Administration of the estate is one of the most important activities in insolvency proceedings, when debtor's insolvency is resoluted by bankruptcy. Everyone can see information about the administration's results in Insolvency Register. The procedure of it is not well known nonetheless. The goal of the thesis is to enlighten the procedure of administration of the estate (including defining its content) since declaration of debtor's insolvency, when the authorization to dispose of the estate is held by insolvency administrator and to point out some relatively new legislative changes and its problems. Diploma thesis is divided into eight chapters, where there is gradual analysis of administration of the estate from the beginnings of insolvency proceedings and declaration of bankruptcy to realization of the estate and canceling the bankruptcy. The first chapter brings short review of historic legislation and tries to point out some similarities of roman bankruptcy law and present legislation. The second chapter describes initiation of insolvency proceedings, declaration of debtor's insolvency and it defines insolvency administrator and the way of his election by insolvency court. Following chapters are the core of the thesis. The third chapter pursues the declaration of bankruptcy itself and...
|
|
|
Concentration of proceedings and its limits
Choreňová, Tatiana ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
This thesis is concerned with "concentration of proceedings" and its limits. Concentration of proceedings is a means of ensuring expeditious, economical and effective civil process. In Czech law, it applies in particular in the contentious proceedings. Concentration of proceedings is closely related to the principle of concentration which one of the general principles of civil law procedure, and is opposed to the principle of unitary process. The concentration of proceedings may take place at several points in time in the process in connection with the end of the preparatory meeting, of the first hearing and the announcement of the first instance judicial ruling. The concentration of proceedings is necessarily interconnected with the "principle of partial appelation" which applies in appeal proceedings against first instance judicial rulings under the Act. No. 99/1963 Coll., civil procedure act, as amended. The application of the concentration of proceedings also relates to the concept of "qualified call for response". In fact, it is not uncommon that the functioning of concentration of proceedings is misunderstood, including by the courts themselves who often misapply the relevant provisions of the civil procedure act with the view of avoiding concentration of proceedings. In my practical...
|
|
|
Proceedings in matrimonial cases
Stecová, Miriam ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
My master thesis primary focuses on proceedings in matrimonial cases and its related issues. Precisely, it deals with the marriage itself and it is supported by individual proceedings of marriage authorization and other specific status matrimonial case proceedings. The largest part of my thesis is however dedicated to divorce due to arising negative impacts divorce has on humanity worldwide and it is considered as one of the most recent and most discussed issue nowadays. The goal of my thesis is to provide the overview of law changes in individual matrimonial proceedings and more importantly their characters, supported by both theoretical and practical examples. While exploring above mentioned problematic, at the same time I engage in substantive law as well as in procedural law due to their mutual cohesion. For the sake of the differentiation of proceeding in matrimonial cases, text of this work is divided into four main chapters, where every chapter includes several subchapters to specify the concrete proceeding's character and its process. The first chapter defines general term of proceedings in matrimonial cases and provides an integrated overview of all individual proceedings such as authorization of marriage and status matrimonial cases. In the second chapter, the concept of authorization of...
|
|
|
Attorney and client - mutual rights and obligations
Kuklík, Jiří ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Resumé Theme of this thesis is legal relationship attorney - client and their mutual rights and obligations. I focused on the current legal regulation contained in the Act No. 85/1996 Coll., advocacy law, and related legal regulations, primarily in professional regulation published by Czech bar association. My objective was to try to give all- embracing explanation of this theme even though I realised this theme and all its aspects is too extensive to be explained completely. This thesis is divided into six parts, which are further systematically divied into chapters. First part gives basic historical review of development of legal regulation of advocacy since ancient Rome. Second part gives definitions of the most important terms of this thesis - attorney and client, with evident orientation on legal regulation of conditions which must fulfil a person in orded to become an attorney. Third part deals with possible methods of constitution of legal relationship between attorney and client (to conclude a contract or to be appointed by court or to be designated by Czech bar assosiation) and related attorney's obligation to refuse to plead client in certain situations as well as termination of this relationship. Fourth part is dedicated to individual rights and obligations o attorneys and clients. Each one is...
|
|
|
Application for an appeal review on the points of law in civil procedure
Hrbek, Tomáš ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
This thesis focuses on the effective regulation of the application for an appeal review reflecting it from the point of its value background, historical development and the relevant case-law. With an intention to point out the necessary backing for the critical assessment of specific elements and the present form of the application for an appeal review in a civil procedure as a whole, the thesis deals with the theoretical basis of the legal remedies in the civil procedure and with the role of the application for an appeal review in their effective regulation. In the thesis, particular attention is paid to the purposes of the application for an appeal review, i.e. to the unification of the case-law and the protection of the rights of an individual in a particular case, as far as to their relation to the legal certainty resulting from the final decisions, which the use of the application for an appeal review undermines. The thesis contains the general conclusions on the relationship between these values and the conclusions on the appropriateness of the regulation of the particular elements of the application for an appeal review, which are connected with these values. A special chapter of this thesis deals with the history of the appeals focusing only on that facts and legal constructs, which are...
|
|
|
Interim Measures regarding Unfair Competition
Duba, Jiří ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
This thesis is concerned with Interim Measures regarding Unfair Competition and is divided into two main areas describing relevant legislation. The first area is conceived as an assessment of procedural law mainly included in Act no. 99/1963 Coll., Civil Procedure Act, as amended (hereinafter referred to as "Civil Procedure Act"), whereas the second area is conceived as an assessment of substantive law represented by Act no. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code"), which contains provisions of unfair competition. At the beginning, the general conditions of proceedings are described. The general conditions consist of frequently discussed terms lis pendens and res iudicata. This is followed by specific conditions applicable to interim measures represented among others by the duty of depositing a security which is imposed on petitioners. The following part, which is significant for the scope of this work, places an emphasis on the most important institutes of interim measures. It elaborates on the term to "prove" and "evince" certain facts as an assumption for interim measure issuance, on wording of a claim statement as well as on the material legitimization in the matters of unfair competition. Likewise, types of court decisions, the cancellation and termination of interim...
|
|
|
Application for an appeal review on the point of law in civil procedure
Hermanová, Michaela ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The thesis aims to describe the new regulation of the application for appeal review introduced by means of an amendment to the Civil Procedure Code made by the act No. 404/2012 Sb. and to assess its compliance with the Constitution. During the preparation of this amendment a part of the Civil Procedure Code (specifically sec. 237 (1) c)) governing the admissibility of the discretionary application for appeal review was cancelled due to being in conflict with the Constitution by means of the decision of the Constitutional Court of 21 February 2012, file No. Pl. ÚS 29/11. For that purpose, at first, the thesis deals with the application for appeal review itself and certain aspects of it, especially the role it has in the Czech legal system. Based on this general part a special part is built dealing with the admissibility of the application for appeal review. Firstly, the admissibility under the old legislation is described, after that the conclusions of the Constitutional Court are critically examined and, finally, the new legislation is described and confronted with the findings of the Constitutional Court. The Constitutional Court criticized the old legislation for not being sufficiently predictable. It concluded that in order for the new legislation to comply with the Constitution the potential...
|
|
|
The solution of bankruptcy in the form of reorganization
Horák, Jan ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Title of the Master's thesis: The solution of bankruptcy in the form of reorganization Summary The main objective of this diploma thesis is to provide a sufficient description and analysis of the solution of bankruptcy in the form of reorganization which is regulated by the Act. No. 182/2006 Sb. The complex issue of reorganization is essentially a method for non-liquidation solution of bankruptcy usable only in the case when a debtor is an entrepreneur. It uses various methods of restructuring debtor's business in order to satisfy the creditors to a greater extent than in the case of liquidation solution of bankruptcy. The thesis is divided into fifteen chapters that are further divided into subchapters. Chapter one briefly describes the history of bankruptcy law. The second chapter is an explanation of nature of insolvency law focusing also on the economic aspect of insolvency. The following chapter defines bankruptcy within the meaning of applicable legislation. The existence of bankruptcy is essential for insolvency proceedings at all. The most important subjects of insolvency proceedings are parties to the proceedings. Their position is described in detail in the fourth chapter. Chapters five to thirteen then provide detail analysis of the institute of reorganization. There is provided a definition of...
|
|
|
Mass actions in Czech civil procedure
Novotný, Vojtěch ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Group actions in Czech procedural law Summary The thesis deals with an issue of group actions, which is a legal instrument of collective protection of private rights in civil proceedings. The aim of this thesis is to analyze this procedural institute, to point out shortcomings of current legislation and to propose it's acceptable solution. The thesis is divided into three relatively independent sections. The first section focuses on theoretical basis (including a brief outline of the historical development) and defines basic terminology used in the thesis. Then it describes the most general division of the collective enforcement mechanisms into a group action and a representative action. The second section concentrates on legislative schemes of group actions in certain foreign jurisdictions. Specifically, it deals with a legal conception of class action in the legal system of the USA, where it is applied as a kind of a opt-out group proceedings (group members, who does not agree with adjudication of their claims, may opt-out), then it deals with opt-in group proceedings in Sweden (group members can be required to enter the suit individually) and finally it describes a German model proceedings in capital market disputes, which represents a compromise between individual and collective proceedings. The third...
|
|
|
Application for an appeal review on the points of law in civil procedure
Polánský, Adam ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Resumé The official title of my thesis is Application for an appeal review on the points of law in civil procedure. The main objective of this thesis is to describe the development of an institute of an application for an appeal review throughout the legal history of the civil procedure in the area of the Czech Republic up to current state, with a particular focus on the conditions of admissibility of such application and its essentials. My thesis is composed of three chapters. The first chapter is to introduce the reader to the historical development of an application of an appeal review from the very beginning in the 18th century up to date. In particular, the landmark Constitutional Court decision (sp. zn. Pl. ÚS 29/11) is emphasized in the end of the chapter. The second chapter deals with the actual legislation of an application for an appeal review in The Code of Civil Procedure. Its main goal is to describe this institute as whole. It is also to provide the reader with further analysis of some controversial issues of the actual legislation as the conditions of admissibility of an application and its essentials required by the law. Finally, it manifests the attitude of the judiciary towards these problematic features of the actual legislation. The third chapter contains the brief explication about an...
|
guest ::
