National Repository of Grey Literature 378 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Reorganization and its importance in Czech insolvency law
Marian, Daniel ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
v anglickém jazyce The subject of this thesis is reorganization as a method of resolving a debtor's insolvency or imminent insolvency pursuant to the Insolvency Act. This thesis analyses the current legal regulation on reorganization, evaluates the existing empirical studies and presents the results of its own empirical research into the reorganizations which were permitted in the years 2014 to 2017. This thesis also seeks to answer whether reorganization truly represents a rehabilitation process and whether it can be considered a basic method of resolving insolvency next to bankruptcy, as originally envisioned by the legislators whilst enacting the Insolvency Act. Furthermore, whether or not the so- called "Revision Amendment" had any positive effect on reorganizations is also researched. Last but not least, this thesis deals with reorganization from the perspective of de lege ferenda and its importance for Czech insolvency law. First of all, this thesis shows that reorganization is not a purely rehabilitative process but that it can also have liquidation effects. The classification of reorganization as a rehabilitation method of resolving bankruptcy is therefore inaccurate. Furthermore, it is shown that the Revision Amendment to the Insolvency Act does not have any significant positive practical...
The Bankruptcy Detection in Insolvency Proceedings in the Czech Republic
Havlovicová, Eliška ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The Bankruptcy Detection in Insolvency Proceedings in the Czech Republic Abstract This rigorosum thesis presents a detailed interpretation of the term "bankruptcy" and its detection in insolvency proceedings in the Czech Republic. Detection of bankruptcy is considered to be the initial phase in the insolvency proceeding and is, in fact, identical for all insolvency proceedings. Despite common lack of attention, it is indeed a crucial stage since without proper hearing about bankruptcy and its adjudication one cannot continue in the insolvency proceeding. Eventually, the whole proceeding is encumbered with defect. Therefore, this thesis aims at introducing complex analysis of the first phase of each insolvency proceeding. This study first examines the term 'bankruptcy', both in the form of equity insolvency and balance-sheet insolvency. It lays particular emphasis on the latest amendment of act which came into effect in the second half of 2017 and which significantly adjusted definition of bankruptcy. This section also discusses imminent bankruptcy and conditions of its detection. Next chapter addresses the commencement of the insolvency proceeding and its impacts as well as all necessary requirements and appendixes of the insolvency petition. This paper distinguishes between insolvency petition filed by the...
Reasoning in the judgement as a part of the right to a fair trial
Ludva, Vít ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Reasoning in the judgement as a part of the right to a fair trial Abstract This thesis concerns the topic of legal reasoning in the judgements of civil law. As the issue of civil judgements is very broad, the thesis is focused only at reasoning in the judgements being issued in civil disputes, only in the form of judgments and resolutions (both on merits or not). For the same reason, the thesis is limited by the fact that it focuses exclusively on the reasoning of those judgements, which are issued only by the courts of first instance and the courts of appeal. The main focus of the thesis is therefore the legislation of reasoning in the judgement and resolution enshrined in the Code of Civil Procedure. Where appropriate, legislation de lege lata is compared with the possible future legislation of the civil process, which is currently presented in the draft law. Furthermore, it should be noted that the current legislation is supplemented by conclusions resulting from the case law of the Constitutional Court, the Supreme Court and the European Court for human rights. Last but not least, the whole topic of the reasoning in the judgements is set in the context of the right to a fair trial, because the right to justify the judgement is a significant part of it. In Introduction I explain my motivation, which led...
Arbitration clauses in cunsumer affairs with impact on execution proceeding
Nováková, Michaela ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Arbitration clauses in cunsumer affairs with impact on execution proceeding Abstract Arbitration is one of the forms of alternative dispute resolution. The arbitration institute is not a novice in the area of law. Its foundations can be seen from ancient times. However, today's legal regulation of arbitration can be observed since the first half of the 19th century. The essence of the arbitration procedure is to delegate the hearing and decision-making of certain disputes to the jurisdiction of the courts, to the arbitrator. The arbitrator then issues an arbitration award, which may be relied upon in the proceedings in which he was issued as an enforcement or enforceable title. In the legal order of the Czech Republic we find the primary regulation of the arbitration procedure in Act No. 216/1994 Sb. By passing this Act, the arbitration procedure was extended to national disputes. As a result of arbitration proceedings, disputes arising from consumer contracts could also be resolved. However, the method of resolving disputes between consumers and entrepreneurs has proved to be a widely used institute, even when overused and misused. The situation was so extreme that the lawmaker had to come up with a bill amendment to strengthen consumer protection in arbitration. Not only the legislative power, but also...
Reimbursement of costs in trial proceedings and enforcement proceedings
Kubíček, Tomáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reimbursement of costs in trial proceedings and enforcement proceedings Abstract Thesis Reimbursement of costs in trial proceedings and enforcement proceedings describes and evaluates selected concepts concerning the reimbursement of costs in trial proceedings and enforcement proceedings. The primary goal is to describe essence of reimbursement of costs and to answer this common question: "Who shall pay it in the end?" Thesis is dived into three parts. The thesis starts with introduction where author sets goals of the thesis and methods of scientific work to compile and process assigned subject. Furthermore there is briefly defined distinction between reimbursement of costs and payment of costs. The part is concluded with description of the goals of costs in proceedings and types of systems of reimbursement of costs. The first part of the thesis is concerned with reimbursement of costs in trial proceedings. The first chapter starts with reimbursement of costs in trial and adversarial proceedings. This chapter is the most extensive. It consists of description of reimbursement of costs and types of costs. There is also dedicated part to decisions and remedies concerning the reimbursement of costs. The second chapter is concerned with reimbursement of costs in trial and non-adversarial proceedings. This...
Nullity and inefficacy of legal acts in bankruptcy proceedings
Židuliaková, Rebeka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Nullity and inefficacy of legal acts in bankruptcy proceedings This thesis deals with description of nullity and inefficacy institutes of legal acts, especially with focus on bankruptcy proceedings. Such legal acts shorten the debtor's assets and the institutes of nullity and inefficacy allow to return the lost property back to the debtor's assets. This thesis is divided into six chapters which are subdivided into subchapters whilst the most important part is formed by chapters 4. and 5. The first chapter deals with the basic definition of bankruptcy proceedings, it also describes the basic principles and principles of bankruptcy proceedings which are also important for understanding the institutes of nullity and inefficacy of legal acts. There is approached the issue of the actionability of legal acts in bankruptcy proceedings in general view and in the whole chapter's conclusion I have highlighted the criminal law overlap of this topic with focus on the offense of favoring the creditor. The second chapter provides a historical excursion, not only in the context of nullity and inefficacy legal acts but also in the context of bankruptcy proceedings development as a whole and its approximation to the current legal regulation. The third chapter deals with nullity and inefficacy under civil law, or...
Status of an obliged person's spouse in the execution proceedings
Cejnarová, Jitka ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Status of an obliged person's spouse in the execution proceedings Abstract The topic of this rigorous thesis is "Status of an obliged person's spouse in the executory proceedings". I got to this topic through my professional experience at the District Court of Prague 5, where I worked as an assistant of a judge for more than a year. As part of this work, I prepared decisions on the procedural motions of the parties to the execution proceedings, including the motions of the obliged person's spouse to a partial discontinuance of the execution proceedings for a judge. As a result of the fact, that I devoted to these motions because of their increasing number still more and my interest in the issue of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce the obliged person's debt and my knowledge about this issue got deeper, I have decided to deal with this topic in my rigorous thesis. The aim of this thesis is to analyze the possibilities of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce obliged person's debt in a particular regimes of procedural legislation of affecting such property, based by the...
Costs of civil trial proceedings
Konůpková, Simona ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The thesis focuses on the costs of civil trial proceedings. The topic of the thesis is up to date and very important. My objective is to provide a description of the current legal regulations of costs of civil trial proceedings with a focus on problems in practise. This thesis refers to many actual case laws. I also used my own experiences gained at the law firm as well as at the court where I worked for more than 3 years. The thesis is aimed onto 2 main parts - existing legal regulation and future legal regulation. The first part is devided into 8 chapters that explain in detail the provision from 137 to 151 of Civil Procedure Code (Act no. 99/1963 Coll.) and others important legislation. The first chapter explains the concept of the costs of civil trial proceedings. The second chapter describes the individual types of costs. The list of the costs is illustrated and consists of expenditures of participants and their representatives, including court fees, lost earnings of participant and their legal representatives, costs of evidence, interpretation costs, compensation for value addes tax, representation fees and mediator's remuneration. The third chapter deals with the exemption from court fees. This is the way how parties can apply their right to acces the court. The next chapter explains the...
Comparative study of the czech and spanish legal regulation of the sale of real estate belonging to obligated party within the execution proceedings
Strnad, Silvio ; Pohl, Tomáš (referee)
The submitted thesis deals with the legal issues of execution proceedings of the sale of real estate belonging to obligated party from a comparative point of view. The thesis compares the Czech and Spanish legal regulations of the chosen narrower topic in the field of execution. The comparison relates both to legal regulation included in the OSŘ and EŘ reciprocally, but also OSŘ, EŘ to LEC as the foreign legal regulation. The first part of the thesis deals with executions generally and the execution proceedings with particular principles of the execution proceedings and the particular ways of distrain. This section also provides examples of the executions illustrated by the sale of real estate and compares particular legal regulations related to the course of the execution of judgment up to chosen particular way of distrain - the sale of real estate belonging to obligated party. The second part of the thesis deals only with the comparison of selected legal regulations about the sale of real property belonging to obligated party in the terms of execution proceedings.
Arbitration before the Arbitration Court Attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic
Grivalská, Andrea ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This rigorous thesis, entitled "Arbitration before the Arbitration Court Attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic", deals primarily with the legal regulation of arbitration proceedings before the Arbitration court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic (hereinafter referred to as the "Arbitration Court"). The main focus of this work is on the ongoing debate in respect of the regulation contained in the Arbitration Rules issued by Arbitration Court, which contains a rather complex regulation of the rules for the arbitration proceedings before the Arbitration court, as well as on the legal regulation contained in Act No. 216/1994 Coll., on arbitration and the enforcement of arbitral awards, as amended. While preparing this thesis on the issue of arbitration before the Arbitration Court, I paid close attention to both the extensive body of case law and the ideas put forth in professional literature. The aim of this rigorous work was not only to describe arbitration proceedings before the Arbitration Court, but also to address issues currently being discussed that are related to this procedure and current legislation; at the same time, another goal was to offer an opinion on problematic issues and,...

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