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Declaratory principle in contentious and non-contentious proceedings
Mika, Karel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The topic of this diploma thesis is the declaratory principle in contentious and non- contentious proceedings. The aim of this thesis is to describe how the declaratory principle is applied in both forms of Czech civil proceedings, contentious and non-contentious. There are some differences between application of the declaratory principle in a contentious proceedings and application of this principle in a non-contentious proceedings. Parties are much more free to dispose of their claims in contentious proceedings, because the declaratory principle is one of the main principles of this form of civil proceedings. It is necessary to say that legal system in the Czech Republic is the continental legal system and the declaratory principle is traditional for continental legal system. The declaratory principle also means that the court is limited in its decision making. It is not possible to decide more than it has been asked to. The major part of this thesis is about disposition acts. How it was mentioned before, parties are free to dispose their claims in contentious proceedings and the reason for it is that they are able to use many disposition acts. Each of these procedural acts is defined in its own subchapter of this work and there are also mentioned related judgements. Other parts of this diploma thesis are...
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Influence of insolvency proceedings on the joint assets after amendment No. 294/2013 Sb.
Rosůlek, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of my diploma thesis is to analyze legislation of the insolvency procedure's impact on the joint assets and how this legislation was changed by the amendment to the Insolvency Act No. 294/2013. This amendment is effective from January 1, 2014 and it brings to the Insolvency Act, inter alia, establishment of a common procedure for a debt relief in a marriage, which was previously only inferred from the case law. Also, there occures a certain refilling and refinement of some provisions of the Insolvency Act in accordance with the case law. This diploma thesis consists of four main chapters. The first chapter deals with the insolvency procedure generally, it presents the necessary conditions for the event, and explains the basic concepts with which it is linked. The second chapter is devoted to general explanations of the joint assets. It defines its content, form in which the joint assets may be located, when and how it arises, and also describes how the joint assets is settled. The third chapter deals with the underlying assets. It is a summary of property that arises for the purposes of insolvency proceedings and from which are the creditors satisfied. This chapter defines the property, which is included in the underlying assets, and also the way to exclude the property from it. There is...
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The notary and civil procedure
Štibingerová, Radka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The title: The notary and civil procedure The aim of the thesis is to map the activity of notaries in the legal order of the Czech Republic, which is considered to be very specific by public. The thesis focuses on the relationship of the notary and the civil procedure. It deals with the role of the notary in the civil procedure. The thesis is divided into six chapters. The first one describes the history of a notary public and the assumptions for notarial activity and for its commencement are also clarified. Part of this chapter deals with the basic features of the notarial profession, such as the impartiality and independence of notaries, the principles of which notary public is controlled, and notarial career. The second chapter of the thesis focuses on the relation between a notary and civil procedure, which can be defined as process of the court and the participants in order to provide the protection of subjective rights and obligations. One of the areas, where the role of the notary is reflected is legal assistance. The third chapter concerns with the provision of the legal assistance by the notary. The notary may act as a representative of the party and then has the status of a lawyer. The term legal assistance refers to representation in the proceedings before courts and other authorities,...
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Civil procedure in continental law and the Anglo-American legal system
Dufková, Michaela ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The purpose of this thesis named 'Civil procedure in continental law and the Anglo- American legal system' is to provide an overview of the regulation of civil procedure in both mentioned systems, to compare them, highlight the most significant differences between them, and give the information about their convergence on international, mainly European level. The reason for the choice of this topic was my interest in the field of Civil Procedure, but also my belief in the benefit of comparisons of various legal orders in favour of improving them. Because of the on-going process of introducing uniform arrangements of some institutes of civil procedure on the European level, it is undoubtedly useful to compare national legislations in some respective countries. The research is based on study of legislation in Czech Republic and Germany as representatives of the continental system and in particular England and Wales as representatives of the Anglo-Saxon system. A shorter chapter is also devoted to U.S. law. There are aims of the thesis, methods of research and brief structure described in the introduction. The second chapter deals with the explanation of basics concepts necessary for proper understanding of the research. The third chapter is devoted to brief sketch of the history of civil procedure in...
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Possibilities of applying arbitration in the CR (legal and comparative analysis)
Anzenbacher, Vilém ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of my thesis is to analyse the limits of arbitrability of labour disputes in Czech Republic and to describe Austrian labour-arbitration law. Subsequently I would like to focus on possible solutions of problems linked with arbitrability of labour disputes in Czech Republic. The reason for this study is my interest in both Czech and international arbitration. There is only a few papers which deals with arbitrability of labour disputes in Czech Republic although it is in my opinion very interesting and controversial topic. In connection with changes, introduced by the new Civil Code on 1st of January 2014, the Czech civil law is much more similar to the German and Austrian civil law than it was before. Due to this fact I focus on Austrian arbitration act, which could be important source of knowledge for amendments to Czech arbitration act. The thesis is composed of eight main chapters. The first chapter discusses arbitration in general. The second and third chapter describes alternative dispute resolutions and some other types of out-of-court settlements of both collective and individual labour disputes in Czech Republic. Chapter four explains arbitration and alternative resolution of labour disputes under German and Austrian acts. Chapter five provides an outline of relevant Czech case law. This...
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Legal professions involved in the justice system
Prchlíková, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
My master's thesis titled "Legal Professions involved in the justice system" is focused on a notary public. This chosen legal profession originates from the ancient Rome. In this historical period was constituted a tradition of the profession existing in the continental legal system. Notary public has a specific position among legal professions on grounds of its functions. Notarial activities are patterned on a general legal principle including constitutional conventions (principles). The purpose of my thesis is to analyse and describe a performance of this profession by notaries in their practice. The text of the thesis is composed of seven chapters. The first of them deals with some elementary information about the notary public as a type of legal profession, the difference between legal aid and legal services and eventually the form of regulation of particular professions which are regulated by special Acts such as the Code of Notarial Practice (the Notarial Act). The Chapter Two focuses on the history of this legal profession and the impact on the current form in the Czech Republic. In the Third Chapter titled "A Notary in the legal order of the Czech Republic" I described some key words from their practise and a subject matter, for example a notary (notary public), notarial activity, an...
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Insolvency proceeding from secured creditor point of view
Chovanec, Ondřej ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This thesis deals with insolvence proceedings from secured creditor point of view. Opening chapter is devoted to historic development of bankruptcy law. Main part of this thesis describes insolvency proceedings from insolvency petition to logdement of claim to monetary satisfaction of secured creditor's claim. Closing chapter deals with bankruptcy law de lege ferenda. Focus is set on practical issues occuring in praxis.
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Civil distraint for pecuniary performance focused on recourse of immovable assets and of works
Procek, Peter ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with civil distraint for pecuniary performance focused on recourse of immovable assets and of works. The aim of this thesis is critical confrontation of civil distraint for pecuniary, especially performance with application problems, with some reflections of author and partly with the effects of new Civil Code on civil distraints. The first part of the thesis consists of definition of basic forms of distraint proceedings, distraint for pecuniary performance and the process of distraint proceedings. The general part is summarized by sections regarding distraint and community property, and the collison of the bankruptcy and distraint proceedings. Furthermore, this thesis deals with specific forms of distraint for pecuniary performance. Author uses the methods of analysis, deduction and synthesis and compared the examined terms with the Slovak legal order of civil distraint. Definition of the researched forms of distraint accents the influence of recodification of civil law in the form of Civil Code. This part of the thesis also contains particular ways of execution of distraint focused on recourse of immovable assets and of works, and their legal comparison with the Slovak legal adaptation of civil distraint for pecuniary performance. Author considers the adaptation of distraint on...
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Consumer Arbitration in the Czech Republic and in the European Context
Musil, Ondřej ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Presented thesis called Consumer Arbitration in the Czech Republic and in the European Context deals with, as the title indicates, Arbitration in the disputes emerging from consumer contracts not only in the Czech Republic, but also in the legislation of the European Union, in the practice of the European Court of Justice and in addition it introduces for comparative purposes legislation of three selected European countries - Germany, Austria and Sweden. This thesis deals with the development of the Arbitration in the Czech Republic especially with regard to Consumer Protection. Major bolster of the position of the Consumer happened on the grounds of Act (Amendment) No. 19/2012 Coll., which brought some significant changes in this area. In order to keep this thesis coherent, the author describes all aspects of Arbitration, which are subject of the Arbitration, Arbitrability, Arbitration Agreements, Arbitrators, course of the Arbitration, Arbitration Awards, Enforcement of Arbitration Awards and their reversal by the state courts. This thesis also deals with the influence of the legislation of the European Union and devotes space to several European regulations, especially to the essential one - Directive 93/13/ECC on unfair terms in consumer contacts. Thesis also describes the most significant...
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Civil procedure and domestic violence
Chalupská, Lenka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The aim of this thesis named "Civil procedure and domestic violence" is to provide an overview of means of civil procedure which lead to protection against this form of violence. Domestic violence is a current topic which deserves a lot of attention. Very often it is unnoticeable and hard to uncover because it happens in privacy. This is why it is necessary not to interrupt efforts to reach the highest protection of endangered persons. Procedural law offers several ways how to reach protection against domestic violence. In this thesis, I define these means of civil procedure, consider their usefulness and indicate their strong or weak points. The thesis gives a detailed description of preliminary injunctions. This procedural means provides victim with almost immediate help and time to make steps in order to settle the situation down. The preliminary injuctions are based on the aspect of surprise, because the violent person does not expect it. However, attention must be paid so that the interference with the rights of violent person is not unproportional. The thesis is divided into five parts. The first part is an introduction which presents purposes and goals of this thesis. The second part introduces a general presentation of the issues of civil procedure and domestic violence. It attemts to define...
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