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Discharge of debts in case of community property
Tomáš, Michal ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Discharge of debts in case of community property Debt discharge is in Czech legal order relatively new legal institution and its application still gives rise to a number of questions and doubts. This work primarily focuses on situations when the discharge of debt concerns the community property. It means on one side the common discharge of spouses and on other hand discharge of debts of married debtor, whose spouse did not petitioned to permit debt discharge. We also concentrate on personal scope of debt discharge institution, mainly because it is not clear, whether the entrepreneur can also take advantage of debt discharge, or not. Further we would like to point out that present valid and effective articulation of the Insolvency Act does not include institution of common debt discharge of spouses, which has been created by insolvency courts but its application has not been unified. It is also not clear how would be the spouse of debtor who filed a petition to permit debt discharge and their community property affected by the discharge procedure, when the spouse of the debtor is not party to a case. We also deal with a problem, how should creditors file the applications of the receivables against the spouses and how to review these receivables, when the statutory regulations are missing and the...
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Protectionist provisions of the civil law nature in commercial contractual relationships
Tomáš, Michal ; Eichlerová, Kateřina (advisor) ; Horáček, Tomáš (referee)
Protectionist provisions of the civil nature in commercial contractual relationships The purpose of this thesis is primarily to answer the question how and to what extent can be applied in commercial-law relations protectionist provisions of the civil nature. The main aim of the thesis is to determine at which subjects can protectionist provisions fall and next the thorough identification of these provisions. The thesis also examines the issue of application of civil liability for breach of obligation in commercial contractual relationships with the consumer element, specifically liability for delay with payment of a monetary debt. The whole thesis is systematically divided into three main chapters. The first chapter serves primarily as a general introduction to the issue of deliberate protection of weaker contractual party and describes the development of protectionist provisions, where we study two developmental lines. First we study the development of European consumer law on which our law is based and next we focus on the development of Czech legislation. Exceptional attention is dedicated to the genesis of provision § 262, paragraph 4 of the Commercial Code, which we consider as crucial to our theme, becouse this provision make the penetration of civil protectionists provisions in commercial...
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Discharge of debts in case of community property
Tomáš, Michal ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Discharge of debts in case of community property Debt discharge is in Czech legal order relatively new legal institution and its application still gives rise to a number of questions and doubts. This work primarily focuses on situations when the discharge of debt concerns the community property. It means on one side the common discharge of spouses and on other hand discharge of debts of married debtor, whose spouse did not petitioned to permit debt discharge. We also concentrate on personal scope of debt discharge institution, mainly because it is not clear, whether the entrepreneur can also take advantage of debt discharge, or not. Further we would like to point out that present valid and effective articulation of the Insolvency Act does not include institution of common debt discharge of spouses, which has been created by insolvency courts but its application has not been unified. It is also not clear how would be the spouse of debtor who filed a petition to permit debt discharge and their community property affected by the discharge procedure, when the spouse of the debtor is not party to a case. We also deal with a problem, how should creditors file the applications of the receivables against the spouses and how to review these receivables, when the statutory regulations are missing and the...
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Protectionist provisions of the civil law nature in commercial contractual relationships
Tomáš, Michal ; Eichlerová, Kateřina (advisor) ; Horáček, Tomáš (referee)
Protectionist provisions of the civil nature in commercial contractual relationships The purpose of this thesis is primarily to answer the question how and to what extent can be applied in commercial-law relations protectionist provisions of the civil nature. The main aim of the thesis is to determine at which subjects can protectionist provisions fall and next the thorough identification of these provisions. The thesis also examines the issue of application of civil liability for breach of obligation in commercial contractual relationships with the consumer element, specifically liability for delay with payment of a monetary debt. The whole thesis is systematically divided into three main chapters. The first chapter serves primarily as a general introduction to the issue of deliberate protection of weaker contractual party and describes the development of protectionist provisions, where we study two developmental lines. First we study the development of European consumer law on which our law is based and next we focus on the development of Czech legislation. Exceptional attention is dedicated to the genesis of provision § 262, paragraph 4 of the Commercial Code, which we consider as crucial to our theme, becouse this provision make the penetration of civil protectionists provisions in commercial...
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Czechoslovak lawmaking of decrees 1940-1945
Tomáš, Michal ; Rataj, Jan (advisor) ; Háka, Antonín (referee)
This thesis deals with the theme of decree lawmaking, which is still very actual and it also interfere to present Czech - German relations. Since the fall of the Iron Curtain, the German side, represented by the Sudeten Germans, have been constantly requiring revision of Czechoslovak war and postwar history under the vague slogan "abolish the Benes's Decrees." There is a strong myth connected with the term "Benes's Decrees" among both Czech and primarily German public. Many people incorrectly believe that the so-called Benes's Decrees are solely the work of President Benes, and that the post-war transfer of Czech Germans and the confiscation of their property were based on these decrees. The aim of this thesis is to clarify the situation around the presidential decrees, to describe the method of their creation and also the origin of the decreeable power itself. The thesis also tries to correct allegations of the Sudeten Germans who often place unreasonable demands without admitting any blame themselves for events that took place during the World War II in Czechoslovakia.
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