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Bill of exchange proceedings in the Czech Republic
Brabencová, Jana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis named "Bill of exchange proceedings in the Czech Republic" describes the course of bill of exchange proceedings under the Czech law from its commencement, issuing of a decision on merits till the enforcement of the decision. The thesis focuses on the specifics of the bill of exchange proceedings as a summary proceedings and issues which arise out of it. It deals with problems connected with the new legislation governing from January 1, 2014 the delivery of the judicial order to pay in a form of bill. It looks on the position of a drawee in the hearing where his objections against the judicial order to pay in form of a bill are considered. The thesis deals with the issue of admissibility of objections and the 15 days period to file the objections. It considers the position of drawees - defendants which are in separate joinder of parties on the side of defendants. If also focuses on new institutes connected with deciding about costs of the proceedings. The first chapter discuss a bill of exchange as a security. The following chapters (second till sixth) in accordance with the course of the proceedings deals with the action with a motion to issue a judicial order to pay in a form of bill, its issuance, delivery and with the hearing of the objections. The activity of the court before...
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Discharging debts as a new phenomenon of insolvency law
Kožená, Michala ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This work intends to analyse current normative regulation of the institute of discharging debts, interpreting relevant provisions and point out some actual problems, which are dealt with in the judicial practice and that arise as a result of application of some statutory provisions in the process of solving bankruptcy problems of a debtor by the ways of discharge from debts. The doctoral thesis deals with institute of discharging debts as new a preservation method of solving debtor's bankruptcy situation, brought to the Czech legal system by the Insolvency Act. Beside chapters focused on discharging debts as a main subject of this Thesis, other chapters are concerned with the history of bankruptcy law including Act on Bankruptcy and Settlements and its comparison with the amendment contents in the Insolvency law. Still other chapters contain explanation of the basic concepts of Insolvency law such as bankruptcy, impending bankruptcy, insolvency, atc., brief description of the course of Insolvency proceedings including Insolvency proposals issuing from the judicature view, and some particular ways of solving a debtor bankruptcy. With regard to the fact that discharging debts is impossible to interpret independently of Insolvency proceedings as it is whit spacific deviations pervading it's whole...
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Discharge from Debts of an Entrepreneur in the Insolvency proceeding
Pleva, Vítězslav ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Topic of this work is an entrepreneur - a natural person in the insolvency proceeding, whose bankruptcy is solved through the discharge of debts. It attempts to identify problematic issues of the current legislation, which might adversely affect the course of insolvency proceeding. The work deals primarily with the subjective admissibility of the discharge of debts and with to date development in that matter which will be explained on the ground of previous decisions of superior courts. It also describes the operation of the enterprise, which is in the process of the discharge of debts, and the status of the creditors, who participate in the enterprise's performance. It deals also with the income of an entrepreneur and its usability in pursuance of the discharge of debts including the different judicial practice in assessing sufficient income for the permission of the discharge of debts. And finally, it addresses the issue of a business risk and the liability of the entrepreneur with a special emphasis on the entrepreneur's liability for a timely filing of a proposal, the shift of the business risk on a third party and last but not least the consequences of the insolvency proceeding on running a business.
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Discharge as one of modes of insolvency solution
Vošvrda, Jiří ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
The text deals with institute of discharge as one of modes of insolvency solution according to the Insolvency Act. The purpuse of the thesis is to analyse current regulation and conclusions of judicial practise. The thesis is composed of seven chapters. Chapter One is rather general and characterises the nature and purpose of discharge. Chapter Two focuses on foreign sources of inspiration for our legislation. Its three parts report on regulation similar to our discharge in the USA, Germany and Slovakia. Chapter Three is subdivided into five parts and provides information about discharge conditions, namely the state of insolvency or the imminent insolvency, a subjective admissibility of discharge (which further discusses the evolution of the interpretation of this issue), the requirement of minimum dividend to unsecured creditors, honest intent and responsible approach of the debtor towards fulfilment of obligations in the insolvency proceedings. Chapter Four concentrates on discharge from a procedural point of view. Firs it deals with a insolvency petition of the debtor and with a petition for the discharge permit. The second Part is focused on a decision on the merits of the petition for the discharge permit, the third Part on procedural steps following the decision by which discharge is permitted and the...
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Reimbursement of the legal representation in civil proceedings with special focus on petty legal disputes
Machovič, Jakub ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Reimbursement of the legal representation in civil proceedings with special focus on petty legal disputes This thesis concerns with a development and current legislation and case law of the higher courts in cases of granting compensation for legal representation in court proceedings. After a brief historical excursion is described current legislation of the negotiation and providing a fee for legal services of attorney. Given the fact that's attorney's remuneration is granted as a part of the costs of proceedings, this thesis describes general rules for granting mentioned costs with a special focus on reimbursement of representation, in particular is discussed in terms of the effectiveness of legal representation. In the following, the largest part of the thesis issues recent development of costs of proceedings in "petty disputes" including a judicature of Supreme Court and Constitutional Court in a variety of situations. Described section of thesis briefly but comprehensively presents attitudes and intellectual trends of courts and legislators in concerned area. The thesis subjected the current legislation and case law to a criticism, and found out that in some cases is judicature and legislation in contrast of basic law principles and equity principle. The other two sections of thesis are mainly...
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Testate succession
Pecha, Martin ; Pohl, Tomáš (advisor) ; Elischer, David (referee)
The law of succession is a branch of civil law that deals with devolution of property rights and duties of a decedent to his heirs. The new Civil Code that came into force in 2014 brought considerable changes in the field of the law of succession. Finally, the legal regulation pays proper attention to the law of succession and testate succession. After more than sixty years, there were restored legal institutions such as Clauses of lesser importance in a testament (condition, determination of time or a mandate), inheritance contract, privileged wills, legacy, vulgar substitution or fideicommissum. Not only because of these institutions can a testator finally organize freely and according to his own will his property situation mortis causa. The purpose of my diploma thesis is to analyze the testate succession according to the Czech Civil code that became effective on the 1st of January 2014. The thesis is divided into two parts. The first part is split into five chapters that deal with individual prerequisites of succession. The prerequisites of succession are as follows: the death of a testator, the existence of a decedent's estate, the capacity of an heir to inherit, the legal ground of succession and the acceptance/non-refusal of inheritance. Meeting all prerequisites of succession is crucial to...
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Discharge a rescue mode of resolution of insolvency
Kořenová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge a rescue mode of resolution of insolvency Summary The aim of this thesis is to provide a comprehensive analysis of the Institute of debt relief as one of the solution of bankruptcy. The work is divided into three chapters. The first chapter is a historical excursion, describing the evolution of resolving insolvency and bankruptcy proceedings in the world and in the Czech Republic. The second chapter deals with the general interpretation of the concept of bankruptcy, insolvency proceedings and its effects. The third and most extensive chapter then focuses on discharge from debts itself and its nodal points that are crucial in this process. Namely persons entitled to file a petition for permission to discharge debts, including the requirements of this petition, the court's decision on the permit and subsequent approval of discharge from debts, debt discharge methods and duties of the debtor, and finally the decision of fullfilment of debt discharge and exemption of debtor from debts. Act no. 182/2006 Coll. on bankruptcy and its solution (Insolvency Act) provides two methods of debt discharge. Debt discharge through the realisation of assets or under the schedule payement. Both methods have in common that the debtor must pay at least 30% of the total value of its unsecured debts and the unsecured...
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Incidental disputes in insolvency proceeding
Gaierová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this diploma thesis dedicated to the issue of incidental disputes in insolvency proceeding was to determine the incidental disputes in proceedings, categorize them systematically, outline their character and set a comprehensive overview of these disputes. Within the insolvency proceedings incidental disputes are largely solved as case law, which the author of this work deals within the description of the various types of disputes. The thesis is divided into fourteen chapters, which are further divided into subsections and parts. The first two chapters are devoted to insolvency proceeding in general, especially when the character and purpose of the insolvency proceeding as well as the conceptual definition of insolvency proceeding and its consequences are outlined, because without these underlying premise would be impossible to describe the issue as a whole. Incidental disputes have undergone throughout history certain development and as an incidental are spoken only in the 90s of the 20th century. The third chapter of the thesis is dedicated to the historical development of insolvency proceedings in Czech territory and comparisons applicable regulation of insolvency proceedings with modifications beginning in the 1781 and the issue of the general bankruptcy order compared to other...
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Position of spouses in insolvency proceedings
Hašová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this thesis is to describe and bring the issue of the position of spouses in insolvency proceedings to the reader. In last few years this issue has become more and more relevant and brought a lot of questions and problems to case law but also to the legislation that deals with it. The thesis is divided into three chapters. Chapter One introduces the basic terminology used in the thesis to the reader in order to help him or her understand issues presented later. The definitions of following concepts may be found in this chapter: insolvency proceedings, insolvency and its solution modes, marriage, common property of spouses and the estate in insolvency proceedings. Chapter Two deals with the discharge of the debts of spouses which represents the new legal institute adopted by Act No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency and its solution modes (Insolvency Act) and Act No. 312/2006 Coll., on insolvency administrators (hereinafter referred to as "revising amendment"). The first subchapter briefly illustrates the previous legislation so the reader can compare the differences and note the changes brought by the revising amendment. The following subchapters describe the whole process of discharge of the debts step by step concentrating on the specifics of...
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Decedent's estate proceedings
Rutová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The subject of my Master's degree thesis is the issue of proceedings relating to decedent's estate. The main aim of this thesis is to describe the course of this proceedings with respect to current legislation. In general, the inheritace rights arise at the very moment of decedent's death. Nevertheless, the decedent's estate proceedings must still take place. A notary (as a court commissioner) is therefore tasked to locate potential inheritors, assets and debts of the decedent's estate. The goal of the proceedings is to devide relevant assets and debts among located heirs. My thesis is devided into four individual parts. First of them consists of two chapters, which are dedicated to history and sources of law. The second part deals with general aspects of decedent's estate proceedings. It consists of four chapters about characteristics and function of decedent's estate proceedings, jurisdiction, notaries as court commissioners and parties of the proceedings. The third part concern the course of decedent's estate proceedings. As for this significant part, it is devided into twelve chapters, which deal with proceedings' initiation, preliminary investigation, estate collateral, administration of the estate, detecting heirs, inquiry about assets and debts, joint property of spouses, hearing in...
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