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The Supreme Court and its role within judiciary
Stočesová, Dita ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
93 Supreme Court and Its Role in the Court System Summary The target of my diploma work titled "Supreme Court and Its Role in the Court System" is in particular to inform the readers about the activities, functions and composition of the supreme body of judicial power and to analyse the individual unifying functions of the Supreme Court, i.e. crucial functions from the viewpoint of unification of the decision-making practice of courts of lower instance. I believe that this work provides a complex view of these issues to the readers and contributes to understanding of the essence of this supreme judicial institution and enables the readers to make their own ideas how the Supreme Court is successful in pursuing its mission in a legal state. My diploma work consists of six chapters. The first chapter contains a definition of the Supreme Court of the Czech Republic and a historical outline of its most important stages in the development of decision-making activities since the establishment of the Czechoslovak Republic. The second chapter includes information for the reader about the internal organization of the Supreme Court, which enables the reader to better understand which collective bodies decide on individual matters under the powers of the Supreme Court of the Czech Republic and what is the composition...
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Community property of spouses and undertaking business
Chocholová, Aneta ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Resumé The topic of this thesis was called "The estate by the entirety and the enterprise". As it is obvious from the title, the discourse deals with the legal adaptation of property relations between husbands in connection with undertaking no matter whtether carry on business one's or both. Simultaneously it deals with the problems of the protection of the party that is weaker economically or in other way. No less target of importace is protection the third party as well. Odds are that this dissertation on the theme of community does not contain all matters dealing with because matrimonial law of property covers so extensive area that every indivivual aspekt of this specific kind of property partnership would appertain essay. It would be posiible to write paper on this topic about much more pages but that wasn't the aim. The object consisted in creation certain summmary and vignette here of institute. My dissertation targets the spousal joint ownership being influenced and threatened by a spouse-businessman. But it's the only one visual angle on this problem. On the other hand also community can have an averse effet on undertaking. In future the engaged couple should approach to their prospective marital proprietary more responsibly and be not afraid to express their will. The basis of this thesis is the...
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Reorganization and discharge of debts
Figelová, Dominika ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The title of my Master's degree thesis is " Reorganization and discharge of debts". I have chosen this topic because of various reasons. Firstly, I consider the need of special legislation for the insolvency as necessary because the enforcement proceedings can be considered fair when the debtor has sufficient assets to satisfy all creditors' claims. In the case of more creditors who the debtor is unable to meet over a long period, then the enforcement proceedings do not achieve this purpose any more. Property relations between the debtor and his creditors need to be arranged equitably so that the registered creditors will be repaid in proportion to the debtor's assets. Furthermore the subject is very close to me because of a half-year traineeship with a trustee. This is a continuously developing branch of private law, which has undergone a significant change during the year 2014 and I had a chance through my thesis to become acquainted with this amendment of the Insolvency act. The aim of my work is to describe the progress of the insolvency proceedings by focusing on remedial actions. A fair debtor, who is taking such a serious-minded and responsible approach to this proceeding, can start new life without debts and creditors may be get higher monetary payment than they would have received through...
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Judgment by Acknowledgement and Judgment by Default
Klein, Jakub ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
70 Abstract This diploma thesis is focused mainly on the judgment by acknowledgement and judgment by default which are institutes of the civil procedural law, which purpose is mainly to increase the efficiency of the legal proceedings. The aim of the thesis is to offer a complete overview of the current legal legislation and its practical usage. At the same time this thesis attempts to cope with problems, which the current legislation suffers with, and offers convenient conceptual solutions. This piece of work is divided into five chapters. The first chapter generally concerns the judgment by acknowledgement and clarifies the conditions in details that are essential to meet for its issuance. It concurrently distinguishes the judgment issued on the basis of actual acknowledgement by defendant and a judgment issued on the basis of legal fiction of acknowledgement of claim. The second chapter is dedicated to the institute of judgment by default. In the first subchapter the individual preconditions for the judgment by default issuing are being discussed in details, whether the formal or the material ones. This subchapter is divided according to these individual preconditions. The second subchapter deals closely with the defence of the defendant consisting in the proposal of cancellation of the judgment by...
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Protecting the Rights of Third Parties in Enforcement Proceedings
Lackovský, Petr ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The thesis contains a historical overview of the origin and development institute of protection of the rights of third parties in enforcement proceedings. In this section, the focus is on the period of the Roman Empire and then follows the development from the 19th century untiltoday. The fundamental part of the work focuses on the description of the current state of enforcement proceedings under the Act no. 120/2001 Coll. The Executors and Execution, his status in the legal order of the Czech Republic, the basic principles of management and everything in relation to the protection of the rights of third parties in enforcement proceedings. Distributes third party to various groups and describes their rights and obligations under the legislation. It focuses on the means of protection and defense. In conclusion provides an overview of the most important novels enforceable rights in relation.
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Reorganization as the way of bankruptcy solution
Holevová, Jana ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The intention of the thesis, on theme of Reorganization as the way of bankruptcy solution, is to describe this legal institute complexly and coherently. It begins from the history, continues through the current legislation and finishes with a practical point of view to reorganization and its implications in practice. The first chapter describes influences which affected reorganization in the Czech legal environment. First of all, the insolvency law was affected by historical circumstances in the Czech lands and by changes of political regimes to which the legislation was subordinated. Another subsection is addressed to foreign influences which were used as an inspiration for the legislator during creating of the current legislation. Mainly, it is an American and German legislation. In the last subsection, the EU legislation regarding reorganization is elaborated including effects of the harmonization in the Czech Republic. The second chapter of the thesis describes the legislation of reorganization in the Czech Republic and completes it of the case law especially of the High courts in Prague and Olomouc. The institutes are elaborated one by one according to the order made in the Insolvency act and in order which is usually used during insolvency proceedings. The last subsection is focused on a...
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Contract for work in construction
Šťásková, Kamila ; Pohl, Tomáš (advisor) ; Elischer, David (referee)
The main aim of this diploma thesis is to analyze the legal regulation of contract of work in construction industry, especially the regulation contained in the Act No. 89/2012 Coll., the Civil Code. I also focused on main changes connected with passing the new Civil Code and I clarified the essence of some new legal institutions. This thesis is divided into 9 chapters; some of them are further divided into minor sections. Besides that the thesis includes Content, Index of Abbreviations and Bibliography. First chapter focuses on setting the aim of this thesis and then the historical context of contract of work, its development from the antiquity to concurrence. Contemporary regulation of contract for work is being compared to the contract of purchase and I describe the essentials of contract for work, in particular contracting parties, their rights and duties and the subject of work. In the fourth chapter I focus on the finalization and disposition of the work, according to the Civil Code the work is finished only if it is proven that it can be used for its purpose. Next I analyze the price of the work and options that can be agreed by the contract parties in terms of the price and the payments. Regarding the price I also describe retentive price, penalties and the institute of price cut in the next...
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Divorce proceedings
Václavíková, Veronika ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Zusammenfassung Als Thema meiner Diplomarbeit habe ich das "Ehescheidungverfahren" ausgewählt. Zur Auswahl dieses Thema haben mich viele Gründe bewegt. Vor allem möchte ich meine Diplomarbeit einem praktischen Thema widmen, das sich mit der Lösung von alltäglichen Lebenssituationen befasst, und diese Kenntnis könnte ich später in meiner Karriere als Rechtsanwältin verwerten. Angesichts der neuesten Statistiken, nach denen so ziemlich jede zweite Ehe geschieden wird, scheint dieses Thema sehr praktisch zu sein. Das Ziel meiner Diplomarbeit ist eines Ehescheidungverfahrens nach dem Gesetz Nr. 292/2013 über besondere Gerichtsverfahren, in der Fassung der späteren Vorschriften, das am 1. Januar 2014 in Kraft trat, zu analysieren. Das Gesetz über besondere Gerichtsverfahren, das in Rahmen der Änderungen des privaten Rechts aufgenommen wurde, brachte in das Scheidungverfahren eine Reihe von Neuerungen, deren Zweck es ist, die Mängels an vorherigen Prozessvorschriften zu beseitigen. Die größte Änderung im Zivilprozessrecht ist die Ausklammerung der außerstreitigen Verfahren aus dem Gesetz Nr. 99/1963 der Zivilprozessordnung, in der Fassung der späteren Vorschriften, in das Gesetz über besondere Gerichtsverfahren. Mit den außerstreitigen Verfahren wurden in das neue Gesetz auch die spezifischen streitigen Verfahren...
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