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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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Reimbursement of costs of proceedings in petty cases
Zuska, Pavel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis is to point out the increase of the amount of the petty cases, to analyze its reasons, to describe the development of the relevant legislation and case law and to deal with some main legal arguments related to the issue of the reimbursement of the costs of proceedings in petty cases. The reason for my research is mainly its topicality and rapid evolution in a few past years. The boom of the mass claim recovery realized by the specialized "debt companies" was the reason of the legislative amendments and led to the ground-breaking decisions of the Constitutional Court, which resulted in the repeal of the regulation No. 484/2000 Coll. The thesis is composed of the introduction, four chapters and conclusion. The introduction is focused on the reasons of my choice of the topic and on the definition of the specific kind of petty cases my thesis is related to. Chapter Two provides the general overview of the institute of reimbursement of costs of proceeings, examines the varieties of the costs of proceedings, explicates the general principles the reimbursement of costs of proceedings is based on, explores the remedies and deals with the reimbursement of costs of enforcement proceedings. Chapter Three describes the growing amount of the petty cases, analyzes its reasons and reviews...
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Legal occupation in the judiciary and their interrelationship.
Kramer, Jaroslav ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of this thesis focuses on various legal professions within the Czech Republic, such as attorneys, notaries, bailiffs and judges. These occupations are often associated with civil judiciary process. The purpose of this thesis is to define the foundations of their legal status, including the scope of their activities, and how they differ. Additionally, the thesis focuses on the role of individual professions. Firstly, important elements, such as confidentiality, independence, autonomy or responsibility will be analyzed. Secondly, the thesis will address significant problems in defining the role of the legal profession. Finally, the thesis will include several challenges lawyers face in the 21st century, for example, the provision of legal services by non-professionals. Powered by TCPDF (www.tcpdf.org)
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Liquidation of probate estate due to excessive debts
Libert, Karel ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with one of the civil procedure institutes, liquidation of probate estate due to excessive debts, also known as liquidation of heritage that is newly designated as liquidation of inheritance. The thesis aims to comprehensively cover the liquidation-of-inheritance-procedure, from the opening of inheritance proceedings till the issuance of the decision resolving the case. The thesis is divided into five sections. Introductory section explains the terminological shift from the concept of liquidation of heritage to the concept of liquidation of inheritance, it acquaints the reader with the legislation changes that took place at the turn of 2013 and 2014 and it outlines the differences between liquidation-of-inheritance-procedure and the standard inheritance proceedings. The second section of the thesis seeks to define the concept of liquidation of inheritance. The definition is being found within the sense and purpose of the legislation of this institute and it is also stated that the legal definition of this institute has not been legally established. In the third section of the thesis, there is a concise summary of development of the liquidation-of-inheritance-legislation in Czechoslovakia and the Czech Republic since the late 19th century to the twentieth century. It may be noted,...
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Incidental disputes in Insolvency proceeding
Michal, Petr ; Winterová, Alena (advisor) ; Macková, Alena (referee) ; Kučera, František (referee)
The aim of this thesis named "Incidental disputes in Insolvency proceeding", is to analyze a theme of Incidental disputes at the point of view of a insolvency law of the Czech Republic. These disputes were in history called in different ways. In the appropriate part of this thesis we will see the history of the Incidental disputes in the relevant Civil Codes of the Czech Republic or Czechoslovakia. This area of law is typical for its generality when the essential influence is reserved for a judicature. For that reason there is a great emphasis on the decisions of the Czech Republic's Supreme Court and courts in this thesis. The thesis is considering and focuses on the question, if the same insolvency judge should or should not decide in the matters of the Incidental disputes during ongoing Insolvency proceedings. On one hand there is a statement No. 448/2004 of the Constitutional Court of the Czech Republic, which says that it is contrary to requirements of the prejudice of the judge and the independence of court. The Constitutional Court maintains a position that the Insolvency Court should not decide an incidental disputes where the insolvency administrator appears as a litigant. The Constitutional Court says that the legal relationship between the Insolvency Court and the Insolvency...
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Cost of civil judicial proceedings with particular focus on attorneys' fees
Alexander, Eva ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Title: Cost of civil judicial proceedings with particular focus on attorneys' fees Author: Mgr. Eva Alexander Chair: Civil Law Date (final draft): 30 June 2014 Key words: costs of legal proceedings, reimbursement of legal fees, small claims The thesis analyzes the Czech legal rules relating to the costs of civil judicial proceedings, in particular the attorneys' fees. In the first part, the costs of civil judicial proceedings are described in general, including out-of-pocket expenses of parties and their representatives and counsel, court fees, lost wages, evidence and interpreting costs and notarial fees. The first part further focuses on payment and reimbursement of costs. Under Czech law, the losing party must reimburse the successful party at the rate determined by the statutory rules. The second part deals with the reimbursement attorney's fees, which, until April 2013, took place according to flat rates set forth in a decree. However, the Constitutional Court cancelled that decree due to its effects in small claims cases. As a result, the general statutory schedule for attorney's fees is currently used also for determination of reimbursement of counterparty's fees in civil disputes. The thesis describes both the case law relevant before the decision of the Constitutional Court, which may be...
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Right to legal aid
Šustová, Jana ; Winterová, Alena (advisor) ; Macková, Alena (referee) ; Uhlíř, David (referee)
This thesis deals with an issue of a right to legal aid. The aim of the thesis is to introduce how the right to legal aid as a one of the basic human rights falling within so called right to a fair trial is implemented in the Czech Republic. This thesis concerns with opportunities which has a person seeking for legal aid in the Czech Republic. An analysis of the implementation of the right to legal aid in practice is the core issue of the thesis. The analysis is divided according to subjects who participate on the implementation of this right. The thesis focuses on an impact of advocacy on implementation of the right to legal aid, role of courts regarding their duty to inform parties to legal proceedings. Last, but not least, there is a mention about other subjects participating on the implementation of the right to legal aid in the thesis. The end of the thesis considers the availability of legal aid in the Czech Republic, evaluation of the contemporary legal regulation of the provision of legal aid and with a view to the future law there are described some possible measures which may be adopted to improve the present situation in day-to-day implementation of the right to legal aid.
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Invalidity and ineffectiveness of legal acts in insolvency proceedings
Štancl, Štěpán ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Abstract Invalidity and Ineffectiveness of Legal Acts in Insolvency Proceedings The purpose of my thesis is to describe and analyse statutory framework of rules which prevent underlying assets from being unlawfully reduced. The thesis is composed of five chapters which are divided into subchapters. The core of the thesis lies in chapters 4 and 5. Introductory chapter explains collective essence of insolvency proceedings in which claims of creditors are satisfied proportionally. Then it clarifies core of this thesis, i.e. analysis of acts, whom debtor reduces underlying assets, or rather his creditors. It also explicates changes in terminology, which are caused by recodification of civil law. Chapter Two describes development of ineffectiveness since Roman law until the present. Third chapter, concerning civil law, is subdivided into four subchapters. The first defines legal act. Second describes its invalidity. The third, which is most extensive, deals with relative ineffectiveness in civil law. Its parts relate to the reasons of ineffective legal acts, trials about them and consequences of ineffectiveness. Last subchapter summarizes opportunities of application this rules in insolvency proceedings. Chapter Four which concerns insolvency proceedings is divided into two subchapters. The first of them deals...
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Civil disputes between doctor and patient in medical healthcare
Valuš, Antonín ; Macková, Alena (advisor) ; Uhlíř, David (referee) ; Salač, Josef (referee)
Civil disputes between doctor and patient in medical healthcare The issue of civil disputes between doctor and patient in medical healthcare is characterized by a high degree of interdependence of substantive and procedural questions. The main issue here is inequality between doctor and patient in their relationship, which is based more on factual inequality than inequality in rights. The patient as consumer and therefore the weaker party has limited access to relevant information concerning the subject of the relationship between doctor and patient. On the other hand, a doctor is a subject which has in its power almost all the relevant information. As can be seen, for a given relationship is characteristic a high degree of inequality of information. This inequality, which arises in the relationship always, is not sufficiently addressed by the substantive regulation and its effects are present in subsequent court proceedings in the form of an information deficit. Intention of this paper is to present the fundamentals of the relationship between physician and patient, the reasons for the information deficit and its consequences in legal proceedings and ways of its compensation. The aim is to assess whether the current regulation is to ensure equality between doctor and patient with emphasis on the...
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Types of civil procedure
Krejčí, Ivona ; Macková, Alena (advisor) ; Smolík, Petr (referee)
Types of civil procedure This thesis deals with various kinds of civil procedure. It defines its character, the purpose of its legislation, its principles, parties and their position, rights and responsibilities, and the course of the five kinds of civil proceedings in the Czech republic. In the first chapter there is described the procedure, in which disputes are solved. Courts binding decide concrete disputes and declare, what is right and what is not right. Parties have to declare their rights and proof it. Otherwise they fail the process. In the second part of the first chapter there are defined kinds of civil procedure in which there is no dispute but it is required to regulate this legal relations, for example when somebody dies or lose some legal document. The second chapter deals with proceeding which leads to enforcement, when somebody doesn't voluntarily perform what he have to perform according to the final legal decision. The court or the executor can force this person to perform his obligation. In the third chapter there is described the bankruptcy proceeding and its institutes. The bankruptcy proceeding is regulated in the quite new Bankruptcy act. This chapter deals also with the ways of solution when somebody declare a bankruptcy. The fourth chapter deals with arbitration, in that parties...
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