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Discontinuance of execution according to sec. 268 (1) (h) of the code of civil procedure focusing on substantive review of an execution title
Herodesová, Lucie
;
Sedláček, Miroslav
(advisor) ;
Frintová, Dita
(referee)
Discontinuance of Execution according to Sec. 268 (1) (h) of the Code of Civil Procedure focusing on substantive review of an execution title Abstract The presented thesis deals with discontinuance of the execution according to Sec. 268 (1) (h) of the Code of Civil Procedure focusing on the possibility and the extent of substantive review of an execution title. This provision was originally intended by the legislator to be relatively abstract or indefinite. It was therefore necessary to introduce the specific circumstances leading to discontinuance of execution due to inadmissibility according to Sec. 268 (1) (h) of the Code of Civil Procedure through the case law. Precisely the considerable vagueness of this provision led to a considerable increase of cases introducing specific situations that led to discontinuance of execution. This theses therefore aims to analyse Sec. 268 (1) (h) of the Code of Civil Procedure leading to suspension of execution, in particular its purpose in relation to Sec. 268 (1) (a-g) of the Code of Civil Procedure, and further focusing on the topic regarding the possibility of conducting a substantive review of the execution title in the enforcement proceedings. The first chapter of this thesis focuses on the definition of the essential terms and principles of enforcement...
Detailed record
The Concept of a Criminal Offence in the Czech Criminal Code
Herodesová, Lucie
;
Jelínek, Jiří
(advisor) ;
Šelleng, Dalibor
(referee)
The Concept of a Criminal Offence in the Czech Criminal Code Abstract The presented thesis deals with the matter of the concept and particularly of the conception of a criminal offence. Committing a criminal offence is an exclusive requirement for establishing criminal liability. Despite its significance for substantive and procedural criminal law, there are still both some academic and practical uncertainties concerning its conception in the criminal code in force. This thesis aims to thoroughly explore the conception of the criminal offence in the criminal code, starting from the basic theoretical questions, current legislation in force including its historical development and finally to highlight some legislative issues and its possible solutions through de lege ferenda proposals. The first chapter of this thesis concerns with the matter of defining basic concepts that the criminal offence is based on. It further deals with the theoretical models of conception and concept of the criminal offence that might be used by the legislator while creating the law and describes its strengths and weaknesses. Furthermore, it deals with its combinations. The next part of the thesis focuses on how the legal regulation of the concept and conception of a criminal offence evolved in modern codes of criminal law in our...
Detailed record
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