National Repository of Grey Literature 92 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
The obligation to instruct of the civil court
Tříska, Jiří ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The obligation to instruct of the civil court Abstract This thesis deals with the topic of court's obligation to instruct from both theoretical and practical points of view. The theoretical part examines constitutional grounds of the obligation, as well as related civil law institutes. In the following chapters of the thesis, the author deals with the analysis of applicable legislation, it's contextualisation within relevant civil law history and its regulation within the Code of Civil Procedure. Author focuses mainly on contentious civil proceedings (adversary litigation), which represents the most complex and detailed legislation. The author makes use of specialised literature, university textbooks, legal commentaries, and specialised journals. To a considerable extent, the author deals also with the jurisprudence (case-law), especially that of the Supreme Court and the Constitutional Court. Less extensive part of the text is dedicated to the obligation to instruct during appeal procedure, non-contentious proceedings, and enforcement proceedings. The thesis also includes comparison with foreign legislation both continuously within the text, and in the final chapter of the thesis. Finally, the author also deals with considerations de lege ferenda. Key words: the obligation to instruct, civil court, the...
Duty to assert and duty to prove in civil procedure
Krechlerová, Karolína ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
Duty to assert and duty to prove in civil proceedings Abstract The rigorous thesis deals with the duty to assert and the duty to prove in civil court proceedings with a focus on the burden of proof, its division and transfer between the participants in the proceedings. The work focuses mainly on litigation. The issue of the rules of division of the burden of proof is still relevant, because for the success of a party to the dispute it is absolutely essential to fulfill the duty to assert and the duty to prove and subsequently bear the burden of assertion and the burden of proof. The aim of the thesis is to analyze in detail the procedural obligations and burdens that are carried by the participants in civil proceedings. The focus of the work is the question of the division of the burden of proof between the parties to the proceedings and its transfer between the parties to the dispute. The rigorous work is divided into an introduction, seven chapters and a conclusion. The introductory chapter describes general interpretations of evidence and the principles of civil procedure. The second chapter is devoted to the history of court proceedings and the development of the functioning of justice in the Czech Republic to state the context of the current concept of procedural obligations of the parties to court...
Default Judgement - Status and Perspectives
Danihlík, Tomáš ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Default Judgement - Status and Perspectives Abstract This thesis deals with the topic of default judgment and the status and perspectives of its legal regulation. A default judgment is a special type of judgment that allows the court, under certain conditions, to decide a case without taking evidence on the basis that the allegations made by the plaintiff are undisputed. This makes it an instrument which allows proceedings to be expedited. The default judgment is a classic procedural law institution with a long tradition dating back to the ancient Romans. The tradition of contumacious proceedings in Czech law was disrupted by the adoption of the Code of Civil Procedure in 1950 and the default judgment returned to Czech law only after the establishment of the independent Czech Republic, but it was built on a different basis than the rules in force in the Czech Republic until the adoption of the 1950 Code. As a result, the Czech legal system treats default judgement in a narrower way than the Austrian system, which is the source of some of the problems with which the current system of default judgments has to contend. However, the legislator did not choose to extend the possibility of issuing default judgments to situations where the defendant fails to make a statement of defence or to appear at a preparatory...
Discharge of imprisoned persons
Silná, Silvie ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Discharge of imprisoned persons Abstract The diploma thesis deals with the discharge of an imprisoned debtor. One of the aims of the thesis is to analyse the phenomenon of indebtedness of Czech prisoners on the basis of available data, to describe its causes and possible solutions in general. The main goal of the thesis is to acquaint the reader with the process of debtor's discharge with emphasis on the specifics and deviations that the debtor's imprisonment situation brings into his discharge. Discharge in this thesis is perceived as a tool to solve the problem of indebtedness of Czech prisoners. Within the framework of achieving the main goal, it is examined which legislative changes made the institute of discharge more available for imprisoned debtors and at the same time what obstacles, which objectively complicate or threaten the successful process of imprisoned debtors' discharge still remain. To achieve the set goals, methods of analysis and description of legal regulations, court decisions and other relevant documents are combined, supplemented by practical examples of selected insolvency proceedings and the author's work experience in the given area. The work is divided into two parts. The first part deals with the indebtedness of Czech prisoners. It analyses the available data on this phenomenon,...
Reorganisation and restructuring
Blažek, Adam ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Reorganisation and restructuring Abstract This rigorous work is focused on the issue of reorganization and restructuring. The main goal of the author of this work is to describe some selected current and future remediation processes for entrepreneurs, especially taking into account their real usability in practice. The author specifically focuses on the institutes of reorganization, informal restructuring, and preventive restructuring. In addition to the above, the author considers the advantages and disadvantages of these institutes and critically evaluates their current regulation, while the author complements these critical considerations with de lege ferenda considerations, which aim to improve the functioning of restructuring processes in the Czech Republic. In order to achieve the above-mentioned goals, the author discusses the institute of reorganization in one of the introductory chapters, especially with regard to its actual success and usability in practice, focusing primarily on its current problematic issues. The author also focuses on the institute of the so-called pre-packaged reorganization, due to its consensual nature, which can serve as a source of inspiration for future restructuring institutes, which will have a basis built mainly on consensus between the debtor and his creditors. To...
Execution by sale of real estate
Žďánský, Michal ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
This rigorous thesis conducts a detailed analysis of one of the most effective methods of execution - which is, certainly, the sale of real estate - and it does so from the very beginning (meaning the issuance of execution order) to the satisfaction of the plaintiff's (or other creditors') claims. Although the involuntary auction of real estate is accurately determined in legal act as the ultimate option for satisfaction of creditors' claims, the frequency of real estate auctions is, in fact, relatively high. Therefore, the control over the fundamental steps that the bailiff must take strictly according to the letter of the law cannot be neglected as it may result in an illegal process otherwise. And it is more than appropriate to have an awareness of your rights. This work is a suitable material for the purpose. The principal case law of the courts, professional literature, monographs, various professional articles and other sources were synoptically processed by the author in the course of which they were subject to a thorough analysis that simultaneously incorporated the author's practical knowledge. The outcome of this is a clear and comprehensive text, which aims to provide a foundation for orientation in the complicated legislation not limited to the various legal professions that regularly...
Word order in Czech subordinate clauses
Sedláček, Miroslav ; Hošnová, Eva (advisor) ; Zikánová, Šárka (referee)
This diploma essay contributes to the studies of the Czech word order. Its theoretical background is provided by the findings of the Czech school of functional sentence perspective (FSP), represented by Jan Firbas and Aleš Svoboda. Based on the material excerpted from the present-day Czech corpora SYN 2005, this paper presents a broad scale of word order varieties in Czech subordinate clauses. Special attention is paid to the word order position of the theme elements and the most common adverbial complements. In comparison to primary clause some differences are pointed out: The transit centre (or transit proper or theme proper) position in front of the theme centre and rheme is a characteristical feature of subordinate clause, whereas in the primary clauses it applies to rather limited number of clauses. The emotional (subjective) word order is often caused by unfitting allocation of information instead of emotional movement. The initial theme in the subordinate clause seems to be of higher degree of communicational dynamism (CD) compared to the primary clause. It proved useful to differentiate premedial theme (in front of transit centre), which has higher degree of CD than postmedial theme (behind transit centre). Influenced by the spoken language, final theme also occurs. The tension between FSP and...
Debt relief amendment to the Insolvency Act and its impact on the acitivity of the insolvency administrator
Gabrielová, Petra ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
1 Debt relief amendment (Act No. 31/2019 Sb.) and its impact on the activities of the insolvency administrator - Abstract The thesis deals with the Debt relief amendment (Act No. 31/2019 Sb.) and its impact on the activities of insolvency administrators. This rigorous thesis is divided into introduction, nine chapters and a conclusion. The aim of this paper is to describe the fundamental changes that the debt relief amendment brought into the legislation concerning insolvency law, and to describe the impact of these changes to the activities of insolvency administrators in comparison with the previous regulation. Furthermore, the aim of the thesis is also to evaluate these changes and, eventually, to propose some changes de lege ferenda. In the first chapter, the terms "bankruptcy" and "debt relief" are analysed and the rehabilitative solution of bankruptcy of a debtor is specified, with emphasis on the institutions of release of the debtor from payment of the unpaid parts of their outstanding obligations, the extent of the right to dispose of the debtor's assets, the social dimension of debt relief and the honest intention of the debtor in comparison with the liquidation solution of solving debtor's bankruptcy. The second chapter is devoted to the legislative proceedings of adopting the debt relief...
Satisfaction for an immaterial damage caused by the inadequate length of the court proceeding
Nogová, Dominika ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
One of the fundamental rights of parties to legal proceedings is the right to have a case heard within a reasonable time without undue delay. If this right is violated, the State is liable for immaterial damage on account of a maladministration consisting in unreasonable length of the proceedings. The State is then obliged to compensate the injured party for the damage suffered. This thesis deals in particular with compensation for immaterial damage resulting from a maladministration consisting in unreasonable length of proceedings and the forms of compensation allowed by the Czech legal order. The aim of the thesis is a clear elaboration of the chosen issue with regard to the case law of the ECHR, the Constitutional Court and the Supreme Court. The thesis itself is divided into six sections. In order to establish that the proceedings are unreasonably long, their length must be defined. It is therefore necessary to determine the beginning and end of the proceedings, which varies according to the type of proceedings. The overall length of the proceedings constitutes the basic criterion for assessing whether there has been maladministration consisting in unreasonable length of proceedings. It is only after the overall length of the proceedings has been determined that it is possible to examine whether or not...

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