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Bankruptcy of financial institutions
Urbanová, Irena ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Bankruptcy of financial institutions Abstract The topic of the thesis is the bankruptcy of financial institutions. The thesis deal with bankruptcy of financial institutions, which are defined in the Insolvency Act, int its § 2 paragraph k). These include banks, credit unions, securities dealers, insurance companies and reinsurance companies. Given the potential system-wide impact of the bankruptcy of financial institutions and also for the reason a large number of creditors, special legal regulation on the insolvency of financial institutions is necessary. The special legal regulation of bankruptcy of financial institutions can be found in the Part Two of Title IV of Insolvency Act. The main focus of the work is the differences of insolvency proceedings in financial uinstitutions from standard insolvency proceedings. Depositors usually represent the majority of creditors of financial institutions and therefore are afforded increased protection in insolvency proceedings of financial institutions. This protection is based on the deposit insurance system, which in Czech legal environment is represented by the Guarantee System Deposit Insurance Scheme and the Securities Dealers Guarantee Fund, and also in the automatic registration of claims arising from the insolvent debtor's accounts. Special role in the...
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Liability of the insolvency administrator for damage or other loss
Hunal, Jakub ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Liability of the insolvency administrator for damage or other loss The topic of this thesis is the liability of the insolvency administrator for damage or other loss and its aim is to elaborate this topic in detail and to highlight the interpretative issues. The focus of the thesis is the analysis of the division of possible claims for compensation for damage or other loss against the insolvency administrator and the disputes arising from them. In the thesis I divide these claims into individual claims, i.e., claims that arise from the relationship between a particular claimant and the insolvency administrator, and claims that are related to the estate. In the case of these claims, their specificity is explained. The second division of claims is into claims that can be resolved through the application of the general provision on the insolvency administrator's liability for damage or other loss (§ 37 IZ) and claims to which this basic provision cannot be applied. Subsequently, the individual aspects of liability (prerequisites for the obligation to compensate for damage) are discussed, taking into account the specifics of the individual disputes. The nature of the individual prerequisites for liability and their relationship to the other prerequisites are always explained. The procedural aspects are...
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Status of a secured creditor in insolvency proceedings
Šámal, Patrik ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Status of a secured creditor in insolvency proceedings Abstract This thesis focuses on the analysis of the insolvency proceedings from the perspective of the secured creditor from its commencement to its conclusion, with the aim of assessing the effectiveness of the applicable legislation and the position of the creditor in the insolvency proceedings. The thesis does not deal with a comprehensive analysis of the position of the secured creditor, but focuses on the key milestones of the insolvency proceedings and related interpretative ambiguities. The interpretation and application of these provisions are often problematic and require a deeper understanding of the basic legal principles of insolvency law. This paper aims to clarify these problematic areas with reference to relevant case law. The thesis assumes that creditor behavior is based on the economic theory of human behavior, which is based on the assumption of rational behavior and the desire to maximize one's own benefit. The thesis consists of five main chapters. The first chapter focuses on the general meaning of creditors in the context of insolvency proceedings and the requirement for their plurality that arises from the definition of the shared goods problem. Next, the institute of secured creditor under Section 2(2)(g) of the IZ, which has a...
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Proceedings in Commercial Register Matters
Baloun, Matěj ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Proceedings in Commercial Register Matters Abstract The topic of this diploma thesis is the proceedings in commercial register matters, i.e. proceedings before civil courts on the entries of legally relevant facts in the commercial register. The commercial register is an important institute, especially for business relations involving entrepreneurs, which ensures the transparency of the entrepreneur through the registration of their relevant information and further makes such information publicly available to third parties. In addition to the option of contacting a notary, it is also possible to achieve the required registration in the commercial register through legal proceedings before the civil (so-called register) courts that decide on them. The ambition of this thesis is to describe, analyse and critically evaluate the existing legal regulation of proceedings in commercial register matters, or the current legal status of its important institutes, as well as to point out controversial issues and outline their possible solutions. Furthermore, the aim is to continuously identify the shortcomings of the existing legislation and to prepare the possibilities of their solution. By carrying out a final comparison of the legislation in the Federal Republic of Germany and pointing out its significant aspects, it...
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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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The use of artificial intelligence in civil procedure
Hart, Vojtěch Lev ; Kučera, Zdeněk (advisor) ; Sedláček, Miroslav (referee)
The use of artificial intelligence in civil procedure Abstract: The subject of this master's thesis is artificial intelligence and civil procedure. The main goal of this thesis is to analyze the possible uses of artificial intelligence in civil procedure, with emphasis on the decision-making process of a judge. The primary focus of the first part of this thesis is to define artificial intelligence and explore its legal understanding from an international, European, and Czech perspective. Furthermore, the fundamental possible forms through which artificial intelligence can be applied into the civil procedure are examined. Comprehensive analysis of ethical and legal challenges associated with the use of artificial intelligence in civil procedure and judiciary is then carried out. In this regard the thesis first examines the five basic ethical principles outlined by the European Commission for the Efficiency of Justice. Emphasis is placed particularly on the issues concerning the non- transparency of artificial intelligence, specifically addressing concerns related to the black box problems, as well as data bias. The thesis then examines through analysis the impact of these issues on the right to a fair trial. Specifically, the impartiality and independence of judges, adversarial principle, equality of arms,...
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Qualified Call for Statement pursuant to Section 114b of the Civil Procedure Code
Krejčí, Adam ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Qualified Call for Statement pursuant to Section 114b of the Civil Procedure Code Abstract This thesis examines the institute of a qualified call for statement as a method of preparation of a hearing on the merits. An integral part of it is also the institute of a fiction of recognition of the claim, which occurs, inter alia, if the respondent fails to properly and in time comply with the qualified call for statement. If the aforementioned fiction is applied, the court shall decide on the matter without further delay by a judgment of recognition. The primary purpose of the qualified call for statement is to fulfil one of the fundamental principles of civil procedure, the principle of expeditious proceeding as one of the elements of the constitutionally guaranteed right to a fair trial. We refer to the qualified call for statement specifically with regard to the enhanced requirements which the respondent's response has to meet in order to properly comply with such a call. The characteristic feature of this institute is the strengthening of the principle of formal truth over material truth, since as a result of potential inactivity on the respondent's side, the proceeding is curtailed by the non-realisation of a wide range of procedural principles and the adversarial proceeding therefore ex lege and de facto...
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Attorney's remuneration in relation to the costs of the proceedings
Vávra, Vojtěch ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Attorney's remuneration in relation to the costs of the proceedings Abstract This master's thesis focuses on the topic of methods of determining the attorney's remuneration for his provision of legal services, the relationship of this remuneration to the compensation for the costs of civil proceedings and a collision of Section 149 subsection 1 of the Act No. 99/1963 Coll., Act on Code of Civil Procedure with Section 10 subsection 6 of the Resolution of Board of the Czech Bar Associaton No. 1/1997 Bulletin laying down the rules of professional ethics and rules of competition for attorneys in the Czech Republic (Code of Ethics) and it was to understand this conflict that the aforementioned institutes had to be explained. The thesis is divided into five chapters. The first chapter deals with contractual attorney's fees, their types and the sources of this method of determining attorney's fees. The subsections of this chapter also introduce the pro bono institute and the recent case law of the CJEU concerning the conditions for determining the contractual remuneration of an attorney providing legal services to a consumer. The second chapter deals with the so-called non-contractual attorney's fees. Specifically, it describes the basic mechanisms for determining an attorney's non-contractual fee through the...
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Incidental disputes in insolvency proceedings
Valdová, Lucie ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
The master's thesis deals with incidental disputes that arise and are decided within individual insolvency proceedings. The aim of this master's thesis is to develop a comprehensive interpretation of the issue of incidental disputes and to analyze their specifics, mainly because there are not many publications dealing comprehensively with incidental disputes in insolvency proceedings. With regard to the connection of incidental proceedings with provisions governing general civil court proceedings, a certain unsystematic nature of the insolvency law and a large amount of case law, the absence of such publications can cause interpretation and application difficulties. The first part is aimed at the general interpretation and characteristics of insolvency proceedings, bankruptcy and incidental disputes, including their positive list, which can be found in § 159, paragraph 1 of the Insolvency Act. The second part of the master's thesis is focused on the course of the incident dispute, from its initiation to the special regulation of the insolvency law regarding the reimbursement of legal costs. A separate chapter addresses the possibility of continuing an incidental dispute after the insolvency proceedings have ended. In the second part of the diploma thesis, the relationship between incidental...
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Payment order procedures
Blažek, Martin ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Payment order procedures Abstract This diploma thesis is thematically focused on payment order procedures which represent a way to enforce a monetary claim in civil court proceedings in a simpler, faster and more effective way. Its aim is to provide an analytical view of the chosen topic, point out and comment on problematic aspects of the current legislation and take a position on the intended future legislation. The diploma thesis is divided into six chapters. Chapter No. 1 provides a basic introduction to the chosen topic when it offers a brief look at the history and specifies the concept of payment order procedures in more detail. Chapter No. 2 elaborates a regular payment order in detail, starting with the characteristics of the prerequisites for its issuance and ending with its legal power and enforceability. Chapter No. 3 deals with the electronic payment order, the introduction of which into the legal system is seen as the initial beginning of the planned electronization of the Czech justice system; within the framework of this chapter, with regard to the nature of the electronic payment order, its differences from the regular payment order are particularly pointed out. The focus of Chapter No. 4, which is systematically arranged similarly to Chapter No. 2, is the European payment order which,...
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