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Up-to-date issues of arbitration proceedings in the Czech Republic
Oharková, Šárka ; Smolík, Petr (advisor) ; Dvořák, Bohumil (referee)
This work deals with actual issues of arbitration proceedings in the Czech republic as one of method of dispute settlement. The aim of this work is to show particular imperfection in actual legal regulating and outline possible solutions for future. The basic illustration, how the arbitration proceeding in the Czech Republic works is detailed described on the arbitration proceeding before Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agriculture Chamber of the Czech Republic.
Discharge of debts - one financial rehabilitation solution for resolving insolvency
Votavová, Ivana ; Smolík, Petr (advisor) ; Holčapek, Tomáš (referee)
Discharge of debts - one financial rehabilitation solution for resolving insolvency Abstract Discharge of debts is one of the financial rehabilitation methods for resolving insolvency regulated through Act No 182/2006, on insolvency and the methods of its resolution (the Insolvency Act). It is today, not surprisingly, the most widely used instrument in the field of insolvency law and proceedings, and its essence is to achieve, under statutory conditions, the objective of satisfying at least part of the claims of creditors, and to obtain exemption from the obligation to pay the remaining receivables of those creditors. Meaning debt relief. Through the discharge of debts, typically for a natural person, legal protection from creditors is obtained for the duration of the proceedings and, ultimately, also the anticipated benefit in the form of debt relief. The motive for this paper is an effort to characterise discharge of debts in relation to legislation, its development, including through the most recent amendments, and also considering socio- economic reality, including consideration of the case law of insolvency courts and the Constitutional Court of the Czech Republic, professional publications and articles, yet also my own practical experience. This paper is split into two basic parts with concise...
Debts relief of natural persons -entrepreneurs
Drahorád, Ondřej ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Debts relief of natural persons - entrepreneurs The diploma thesis deals with the topic of discharge of debts relief of natural persons - entrepreneurs in the Czech legal system. The aim of the work is mainly to provide insight into the current regulation of debt relief for enterpreuners and to summarize the historical development of this institute. The diploma thesis is divided into an introduction, seven chapters and a conclusion. The first chapter deals with the general issue of debts in the Czech Republic and its reasons. The chapter emphasizes the two most common reasons for indebtedness of individuals in the Czech Republic, which are bank loans and non-bank loans. The second chapter defines the concept of bankruptcy and its conditions under the Insolvency Act. In this chapter, special attention is paid to rebuttable presumptions of bankruptcy and their fulfillment. In addition, this chapter also lists ways to deal with bankruptcies and briefly explains the differences between those. The third chapter deals in detail with debt relief as one of the ways to deal with bankruptcy. This chapter describes the individual phases of debt relief and also the methods of it according to current legislation. The fourth chapter contains the definition of the term entrepreneur according to the Civil Code. In...
Psychoneuroimmunology of alexithymia
Uher, Tomáš ; Bob, Petr (advisor) ; Boleloucký, Zdeněk (referee) ; Smolík, Petr (referee)
Alexithymia represents a deficit in identifying and expressing emotions, paucity of fantasies, and an externally oriented cognitive style. Currently, numerous studies document that alexithymia and several mental and somatic disorders are significantly related. Several findings also indicate that this association might be caused by alexithymia related dysregulation of neuroendocrine and immune functions. Together these findings indicate that stressors related to alexithymia could underlie the process of neuroendocrine and immune dysregulation that likely may present a significant risk, sustaining and mediating pathogenesis of several disorders and particulary psychosomatic illnesses. In this context, it is also known that several proinflammatory cytokines may play a role in pain generation and that alexithymia is significantly associated with pain symptoms in several pain disorders. Following these findings this study includes several new data developing current state of the art and showing some alexithymia specific changes in patients with neurological disorders. Main finding of this study shows that alexithymia and anxiety in their specific interactions are linked to increased levels of interleukine-8 (IL-8) in cerebrospinal fluid (CSF) in the group of patients with non-inflammatory neurological...
Discharge of debts - one financial rehabilitation solution for resolving insolvency
Votavová, Ivana ; Smolík, Petr (advisor) ; Holčapek, Tomáš (referee)
Discharge of debts - one financial rehabilitation solution for resolving insolvency Abstract Discharge of debts is one of the financial rehabilitation methods for resolving insolvency regulated through Act No 182/2006, on insolvency and the methods of its resolution (the Insolvency Act). It is today, not surprisingly, the most widely used instrument in the field of insolvency law and proceedings, and its essence is to achieve, under statutory conditions, the objective of satisfying at least part of the claims of creditors, and to obtain exemption from the obligation to pay the remaining receivables of those creditors. Meaning debt relief. Through the discharge of debts, typically for a natural person, legal protection from creditors is obtained for the duration of the proceedings and, ultimately, also the anticipated benefit in the form of debt relief. The motive for this paper is an effort to characterise discharge of debts in relation to legislation, its development, including through the most recent amendments, and also considering socio- economic reality, including consideration of the case law of insolvency courts and the Constitutional Court of the Czech Republic, professional publications and articles, yet also my own practical experience. This paper is split into two basic parts with concise...
Appeal in civil procedure
Bednárová, Veronika ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 Appeal in civil procedure Abstract The presented rigorous thesis deals with the issue of appeal in civil procedure with an emphasis on a contested litigation. Appeal constitutes the only ordinary legal remedy that can be applied in civil procedure according to the effective legal regulation. From the point of view of systematics, my thesis is divided into eleven sections, which are, because of clarity and logical division of individual parts of the discussed issues, further divided into sections and then into articles. The two introductory sections are devoted to more general reflections on the chosen topic. The first section contains an introduction to the issue of the legal review of judicial decisions, specifically focusing on a general interpretation of issues of remedial procedure, remedial systems, and finally the division of remedies into the regular and extraordinary ones. The second section focuses on the historical development of the legal regulation of appeal in the Czech countries, both before 1918, and afterwards. The second part of my rigorous thesis, consisting of the remaining nine sections, is already working with the problem of appeal from the point of view of the currently effective legal regulation. They include the general characteristics of the institute of appeal in civil procedure,...
The status of the insolvency practitioner within the insolvency proceedings and a supervisory activity of the court
Zezulka, Ondřej ; Winterová, Alena (advisor) ; Smolík, Petr (referee) ; Petrov, Jan (referee)
1 Název disertační práce v anglickém jazyce, abstrakt, klíčová slova The status of the insolvency practitioner within the insolvency proceedings and a supervisory activity of the court Abstract The thesis presents to readers both theoretical and historical background of the insolvency practitioner profession, characteristic attributes of performing function of the insolvency practitioner and a basis of so-called supervisory activity of an insolvency court over various subjects of the insolvency proceedings. The second chapter is dedicated to the central topic of the thesis which resolves the issue of the status and performance features of the insolvency practitioner within the insolvency proceedings. The interpretation exposes an ambivalent theoretical background supporting the profession of insolvency practitioner and fragmentation of opinions held by the professionals as to his genuine position within a judiciary system; these vary from private entrepreneurship towards an entity entrusted with public authority competences close to judicial commissioner. The next chapter comprehensively analyses a position of the insolvency court within the insolvency proceedings. The effort of the author is prevailingly directed to uncover the context between categorical requirements (principles) on conducting insolvency...
Default judgment - analysis and comparison
Wesselý, Jan ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
This diploma thesis deals with the topic of judgment by default, or default judgment, the issuance of which is based not on the classic course of proceedings, i.e. the participation of defendant and plaintiff, taking of evidence, argumentation, findings of fact etc., however only on the fact that the defendant failed to appear before a court during first hearing of the case without duly excusing his absence. The purpose of the institute of default judgement is to expedite the decision-making activity of courts. At the same it aims to motivate the defendant to be active in the dispute. The aim of this thesis is first to analyse and evaluate the current regulation of the judgement by default, which lasted in its current form for almost 30 years without significant changes, including the remedies provided by the Code of Civil Procedure in defense against this type of judgment. In the next section, the thesis concerns the legislation on the default judgment in the Slovak legal system as Slovak civil procedural law has undergone a relatively recent recodification. It is thus certainly necessary to compare how such an important institute is regulated in a legal order that is relatively close to ours. The establishment of the Slovak regulation of the default judgment is followed by a comparison of the two...
Mediation in the Czech legal framework and comparative analysis with foreign legislation
Břízová, Iva ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
In the diploma thesis titled "Mediation in the Czech legal framework and comparative analysis with foreign legislation", the author aims to analyze how the basic principles of mediation are legislated in the legal systems of the Czech Republic, the Federal Republic of Germany and the United States of America. By applying a combination of methods of quantitative and qualitative comparative analysis, the author deals with the question of how the legal regulation of mediation affects the usage of court-ordered mediation and the success of such a mediation process. The author focused mainly on the legal grounding of the main principles of mediation, the historical and cultural context of their origin and the form of the mediation process for court-ordered mediation. The author based her work on the authentic wording of legal regulations and used officially available data for the quantitative comparative analysis, which related the usage of court-ordered mediation in the analyzed countries.
Invalidity and Ineffectiveness of Legal Action in Insolvency Proceedings
Glogr, Michael ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Invalidity and Ineffectiveness of Legal Action in Insolvency Proceedings Abstract The subject of this thesis is a comprehensive analysis of the institute of invalidity of legal actions and ineffectiveness of legal actions and the incorporation of these concepts in contemporary legal theory and practice. The legislation protects the rights of recipients of the law and the public interest by identifying the legal actions which contradict the principles of morality or (and?) the law, as absolutely or relatively invalid, if the meaning and the purpose of the Act so require. Legal actions are also considered invalid if those actions undertake to the fulfilment of something impossible and in certain cases also if those actions are not made in the required form or if they are an error. The current legislation also protects creditors from the behaviour of debtors, if they intentionally shorten their creditors, through an institution called the relative ineffectiveness of legal action. The purpose is to protect creditors, guarantors and other persons against this shortening legal actions made by debtors. Such conduct of the debtor is formally not problematic, but it damages creditors, who therefore have the right to demand that the court determines such action is ineffective (only) against them. The author's...

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2 Smolík, Pavel
1 Smolík, Peter
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