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Seizure of property of the obligor spouse in execution of judgement proceedings
Vernerová, Martina ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
1 ABSTRACT SEIZURE OF PROPERTY OF THE OBLIGOR SPOUSE IN EXECUTION OF JUDGEMENT PROCEEDINGS The topic of this rigorosum thesis is seizure of property of the obligor spouse in execution of judgement and execution proceedings. "Seizurable property" in this context is property in community property of spouses (the obligor and their spouse), together with other property values belonging to the obligor spouse, such as their pay, pecuniary claims and other property rights that are not part of community property of spouses. The question of seizure of these other property rights has been a subject of an ongoing debate to which this thesis aims to contribute. Not much attention was paid to the issue of seizure of property of the obligor spouse in the past, but over the course of the seven last years, it has seen three major legislative changes which have made it a subject of public debate. These modifications, however, have also made it difficult to grasp for parties to a case, courts and court executors in their practice. Therefore, the aim of the present thesis is to critically assess the relevant legislation in selected periods of time, analyse its bases as well as its impacts on the obligor spouse in execution of judgement proceedings, and to point out to facts that have escaped the notice of experts. The thesis...
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Mutual relationship of lawyer and client during provision of legal services
Kotula, Tomáš ; Smolík, Petr (advisor) ; Frintová, Dita (referee)
This thesis deals with the problematics of the mutual relationship between a lawyer and client during the provision of legal services and specifics that characterize this legal relationship. The main objective of this thesis is to comprehensively analyse and interpret the legal relationship between a lawyer and client including rights and obligations they have between themselves within this relationship, and consequently to point out the most important contexts, aspects and specifics of such a relationship, also in the context of judicial case law and disciplinary decisions of the Czech Bar Association. This thesis consists of six basic parts. The first part characterizes the basic concepts that are essential for the purposes of this thesis. Requirements for practicing the legal profession and the permitted forms of practicing the legal profession are also further discussed. The second part deals with particular ways of a foundation of the legal relationship between a lawyer and client and with the related lawyer's pre-contractual obligation to refuse to provide legal services. The key part of this thesis is the part three which is focused on analysing specific rights and obligations of lawyer and client and identifying specific details. This part also characterizes both rules of professional...
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Child custodyl proceedings and the Cochem model
Heresová, Barbora ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Child custody proceedings and the Cochem practice Abstract The aim of this thesis is to describe and define, as thoroughly as possible, the child welfare judicial proceedings, particularly the child access and custody proceedings pursuant to section 466 b) and d) of Act No. 292/2013 Coll., on special court proceedings, as amended and to inform about the possibilities of its improvement through the use of the methods of the Cochem practice. The thesis consists of three main parts - part one and two are dedicated to the child access and custody proceedings, part three provides the reader with information about the Cochem practice. The first part of the thesis describes the child custody and access proceedings in general, it provides general information about the subjects of the proceedings (with focus on the court and the proceedings parties), furthermore it describes the position of the children' social and legal protection authorities and the Office for International Legal Protection of Children. In order to fully explain the procedural law regarding the child custody proceedings, this part also describes the substantive law. The second part of the thesis is dealing with the legal framework of the child custody proceedings, it also provides a thorough insight into the different types of legal child custody...
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Hearing in the civil proceedings
Tomešová, Lenka ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
1 Hearing in the civil proceedings - Abstract The diploma thesis deals with the course of hearing from its order, through the initiation to the end and issuance of the decision on the merits, since only properly run hearing is a guarantee of fair and complete hearing on the merits without delay. At the same time, the thesis pays attention to the principles that relate to hearing and whose observance ensures the participants right to a fair trial. The thesis will deal with the course of hearing both in adversarial and inquisitorial proceedings. The first chapter defines the concept of civil proceedings, hearing, and it is consequently stated by whom the proceedings are governed. The second chapter discusses the principles of hearing that are part of the right to a fair trial. It is a principle of public, oral and straightforward. When dealing with the principle of public, there is a certain amount of space devoted to the reasons for which the public can be absolutely or partially excluded from the hearing. The chapter also deals with the possibilities to ensure a dignified and undisturbed course of hearing, including ways and restrictions on the acquisition of audio and video recordings and transmissions from hearings. The longest and the most comprehensive chapter in the thesis is the third chapter, in...
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Duty of pleading and duty of proof in the contetious civil proceedings
Nováková, Hana ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The thesis topic is Duty of pleading and duty of proof in the contentious civil proceedings. The hereby stated obligations belong to the basic concepts of procedural law. If the interested party fulfils both obligations together with bearing the corresponding burdens, it increases its chance of success in a dispute. Supposing it was inactive, its inactivity might be reflected in the dispute result. My thesis aim was to deal with essential obligations in civil proceedings within eight chapters. In chapter one I mention historical excurcus where I introduce how the above stated obligations were adjusted in the previous civil procedural law regulations. It is only an outline of the historical development. Chapter two I briefly devote to the current concept - de lege lata. In the subsequent chapter three I deal with the burden of pleading and burden of proof in both types of declaratory proceedings namely in contentious and non-contentious proceedings. Where the contentious proceedings require higher activity of the interested parties in comparison with the interested parties in the non- contentious proceedings. Chapter four is focused on detailed description of both procedural obligations and to them corresponding burdens. Besides other various theories of burden of proof are stated here. And also...
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Consiliation
Hospodka, Jaroslav ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
Conciliation Abstract This diploma thesis is devoted to a detailed analysis of the issue of conciliation, which can be considered as one of the alternative methods of dispute resolution and differs significantly from other methods by participation of the court in seeking agreement. The thesis is divided into four parts. The first one deals with the definition of the term conciliation or court settlement within the meaning of § 99 of the Civil Procedure Code, although the institute is different, the conciliation procedure is largely interlinked. The second part describes the location of the reconciliation institute within the civil process and also deals with the excursion into the history of reconciliation. The third part deals with the practical applicability of the conciliation procedure. Attention is also given to its subjects, a detailed analysis of the phases of the proceedings, the possibilities of remedy or the question of the effects of reconciliation. Finally, the fourth part focuses on the comparison of the current state of reconciliation with its concept in a substantive intent to the new Civil Judicial Code. Primarily, descriptive and analytical methods, in part also comparative methods, are used in the work. The aim of the thesis is a detailed analysis of the described problems, with an...
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Cochem model in the application practice of Czech courts
Úlehlová, Simona ; Macková, Alena (advisor) ; Frintová, Dita (referee)
Cochem model in the application practice of Czech courts Abstract The presented diploma thesis titled "The Cochemic Model in the Application Practice of the Czech Courts" deals with the main principles of the Cochem model, which is based on the cooperation of the professions involved in the divorce proceedings, and which is currently being gradually introduced by some of the Czech courts. The aim of the thesis is to find out the results of the first application approaches, on the basis of which it would be possible to determine the possibilities of further application of the presented model within the framework of Czech guardianship procedures. The second goal of the diploma thesis is the complex elaboration of the topic in terms of substantive and procedural law and further clarification of the current legislative situation, including the reflection over de lege ferenda. First of all, the diploma thesis introduces the origin of the Cochem model, moreover, it also presents its first application in Germany in the first chapter. The second chapter focuses on the importance of application of the presented model and its benefits for the participants in the proceedings. Within the chapter there are also presented the possibilities of applying a different substantive basis of parental responsibility within the...
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Matrimonial property and obligations of the spouse
Večeřová, Anežka ; Frintová, Dita (advisor) ; Thöndel, Alexandr (referee)
Matrimonial property and obligations of the spouse This thesis analyses regulation of matrimonial property with an emphasis on its administration, scope and settlement. The main focus of this thesis is to analyse actual statutory regulation in context of actual case law of Czech Supreme Court, with special focus on institute of invalidity of juridical act, disputes in matters of administration and scope of matrimonial property as well as on intertemporality issue in matrimonial property law. Subject of this thesis is related to current development of Czech Supreme Court case law. Aside from introduction and conclusion, the thesis consists of five main chapters. In second chapter, the term and concept of matrimonial property in context of current statutory regulation and regulation of Civil Code 40/1964. Coll. is defined. Third chapter analyses matrimonial property regimes - statutory regime, contractual regime and regime established by a court decision with focus on detailed specification of scope in the statutory regime, with legislative proposal de lege ferenda. Final part of this chapter gives attention to disputes about the scope of matrimonial property with focus on immovables. Central as well as the most comprehensive part of the thesis is in the fourth chapter - administration of matrimonial...
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Preliminary injunction and its execution
Nerada, Aleš ; Frintová, Dita (advisor) ; Macková, Alena (referee)
Preliminary injunction and its execution - Abstract The aim of this thesis, in particular, is to describe and define, as thoroughly as possible, the preliminary injunction incorporated in the OSŘ, including related case law. Such a preliminary injunction is traditionally used in situations when immediate intervention of the court is necessary, because in the respective case it is not convenient for the claimant to wait for the final decision of the court. Along with the abovementioned, I also analyse the preliminary injunctions regulated by the ZŘS. It is also my aim to analyse the enforcement process of preliminary injunctions regulated by the OSŘ and EŘ and to define the main differences between them and describe some of the modes of enforcement of preliminary injunctions. I also look at the possible criminal consequences in cases where a preliminary injunction is infringed. Last, but not least, the aim of this thesis is to analyse what is considered in relation to preliminary injunctions de lege ferenda. The thesis is composed of eight chapters, the subject matter of the thesis can be found in chapters three to seven. The first two chapters deal with a general introduction to the topic and in the eighth chapter the conclusions of the thesis are drawn. The third chapter examines current proceedings and...
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Reorganization and its importance in Czech insolvency law
Marian, Daniel ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
v anglickém jazyce The subject of this thesis is reorganization as a method of resolving a debtor's insolvency or imminent insolvency pursuant to the Insolvency Act. This thesis analyses the current legal regulation on reorganization, evaluates the existing empirical studies and presents the results of its own empirical research into the reorganizations which were permitted in the years 2014 to 2017. This thesis also seeks to answer whether reorganization truly represents a rehabilitation process and whether it can be considered a basic method of resolving insolvency next to bankruptcy, as originally envisioned by the legislators whilst enacting the Insolvency Act. Furthermore, whether or not the so- called "Revision Amendment" had any positive effect on reorganizations is also researched. Last but not least, this thesis deals with reorganization from the perspective of de lege ferenda and its importance for Czech insolvency law. First of all, this thesis shows that reorganization is not a purely rehabilitative process but that it can also have liquidation effects. The classification of reorganization as a rehabilitation method of resolving bankruptcy is therefore inaccurate. Furthermore, it is shown that the Revision Amendment to the Insolvency Act does not have any significant positive practical...
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