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Methods of discontinuance of the enforcement of judgement (execution)
Rousová, Veronika ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Methods of discontinuance of the enforcement of judgement (execution) Abstract The present thesis deals first of all with the analysis of the individual grounds for stopping the execution under the provisions of Sec. 268 (1) (a) - (h) of the Code of Civil Procedure, with attention aimed at (h), which is most influenced by the development of case law, with a focus on executions conducted on the basis of ineligible enforcement titles, which are arbitral awards. The aim of this paper is to carefully analyse these general grounds for putting an end to the execution, as well as the new grounds for stopping the execution brought about by the amendment to the Enforcement Code, which was implemented by Act No. 286/2021 Coll. The purpose of my work, however, was also to point out the current issues in the field of execution, in particular the stopping of execution after it has already ended in recovery, as well as the stopping of execution again on priority grounds after the execution has already been stopped on non-priority grounds, which could have brought less favourable legal effects to the debtor. The first part of the thesis, in which in the first chapter I introduce the institution of the termination of execution, as well as in the second chapter the motion for termination of execution, which initiates the...
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