National Repository of Grey Literature 165 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Proceedings in matrimonial cases
Schopp, Michaela ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
My master thesis is dedicated to proceedings in matrimonial cases - namely proceedings of marriage authorization and status matrimonial case proceedings. However, the main focus of my thesis is dedicated to divorce proceedings mainly because it is the most frequent proceeding from all in matrimonial cases and also because divorce represents a social phenomenon of current society. The whole thesis is composed of three main segments along with an introduction and conclusion. The first segment of my thesis classifies proceedings in matrimonial cases in accordance with legal taxonomy as a part of uncontested proceedings. Then further describes the reason of division of uncontested proceedings from the Code of Civil Procedure and also relation between the Code of Civil Proceedings and the Act of Special Court Proceedings. The following chapter engages in proceedings in matrimonial cases at first generally, then introduces the institute of marriage itself, follows enumeration on all types of matrimonial proceeding, analyses them and compares their differences and resemblances. Nevertheless divorce procedure is described in detail in the next segment of my thesis. A separate part is dedicated to the divorce of marriage which consists of several chapters including divorce from sociological point of view,...
Discharge - as one of modes of resolving insolvency
Klempířová, Aneta ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Discharge - as one of modes of resolving insolvency The subject matter of this master thesis is the institute of discharge of debts, with an emphasis on its rehabilitative nature. A certain degree of indebtedness of the population is currently a social standard and many consumers are falling into the so-called debt trap. This is the reason why the institute of discharge of debts has become the forefront of interest. Discharge allows a debtor to solve impending or already existing bankruptcy and his/her return to normal economic life with a clean sheet. In its seven chapters, the thesis classifies discharge in the system of insolvency law and chronologically deals with insolvency proceedings from the petition to declare bankruptcy and the motion to permit the discharge until its termination from the point of view of debtors as well as creditors. Besides defining alternative ways of resolving insolvency, basic subjects of insolvency proceedings and their possible intervention in the process; the thesis focuses on the subjective and objective admissibility of discharge. Furthermore, the thesis examines the choice of the appropriate method of discharge, namely realisation of bankrupt's estate, fulfilment of the instalment plan or combination of these methods; and conditions for successful completion of...
Court execution of immovable assets in the Czech in the age of 1918 - 1963
Ťoukálek, Josef ; Soukup, Ladislav (advisor) ; Winterová, Alena (referee) ; Vojáček, Ladislav (referee)
Court execution of immovable assets in the Czech in the age of 1918 - 1963 Abstract: The work deals mainly with executory proceedings and distrainments in the period of the First Czechoclovakian Republic and after the year 1950. It introduces procedural rules concerning exekutory proceedings in the 1890s which were juridical regulations of a big and detailed extent and which were accepted into the legal code of the First Czechoslovakian Republic and procedural rules issued after 1950 which already didn't know a whole range of exekutory institutes of the previous age. On the other hand, these laws introduced a number of new institutes of enforcement, such as an incidental dispute, debating the debtor's objections directly in the enforcement proceedings. In 1955, a new form of wage enforcement was introduced to enforce maintenance for minor children when the seizure of part of the wage obliged not only the original payer but also all the following to which the debtor eventually went. The work is also patterned on the period legal decisions of individual courts of the First Czechoslovakian Republic, particularly of the Supreme Court. The applications of these decisions are illustrated by real sample cases. Individual entities (creditors, debtors, the third entities, law courts) within the exekutory proceedings...
Proceedings in matrimonial cases
Schopp, Michaela ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
My master thesis is dedicated to proceedings in matrimonial cases - namely proceedings of marriage authorization and status matrimonial case proceedings. However, the main focus of my thesis is dedicated to divorce proceedings mainly because it is the most frequent proceeding from all in matrimonial cases and also because divorce represents a social phenomenon of current society. The whole thesis is composed of three main segments along with an introduction and conclusion. The first segment of my thesis classifies proceedings in matrimonial cases in accordance with legal taxonomy as a part of uncontested proceedings. Then further describes the reason of division of uncontested proceedings from the Code of Civil Procedure and also relation between the Code of Civil Proceedings and the Act of Special Court Proceedings. The following chapter engages in proceedings in matrimonial cases at first generally, then introduces the institute of marriage itself, follows enumeration on all types of matrimonial proceeding, analyses them and compares their differences and resemblances. Nevertheless divorce procedure is described in detail in the next segment of my thesis. A separate part is dedicated to the divorce of marriage which consists of several chapters including divorce from sociological point of view,...
The status of creditor in insolvency proceedings
Ropková, Kristýna ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The status of creditor in insolvency proceedings Abstract The subject of the diploma thesis is "The status of creditor in insolvency proceedings." The purpose of this thesis is to provide a comprehensive view on the status of creditor in insolvency proceedings according to the Act No. 182/2006 Coll., (The Insolvency Act), in particular with regard to the issue of raising claims and settlement in insolvency proceedings. One of the item of focus is also participation of creditor in creditor bodies, especially at meeting of creditors and creditors' committee. The principal sources of this work are current laws, relevant literature and also current domestic case law. This thesis is divided into six main chapters, which are further divided into a particular subchapters. The first chapter presents an introduction to subject of matter. This chapter deals generally with the concept of insolvency proceeding, its subject, purpose of insolvency proceedings and the basic principles of insolvency proceedings as well. The second chapter deals with the concept of the creditor, both from the point of the view of the civil substantive law and the civil procedural law. This chapter briefly explains the concept of the individuals and participants in insolvency proceedings. The third chapter focuses on creditor bodies which...
The role of different subjects in reorganisation of the debtor's enterprise (comparative study)
Vodičková, Tereza ; Macková, Alena (advisor) ; Smolík, Petr (referee) ; Winterová, Alena (referee)
The role of different subjects in reorganisation of the debtor's enterprise (comparative study) Abstract This thesis is an analyse of the role of different subjekts involved in reorganization. This thesis is composed of four chapters each of them dealing with one of the key subjects. Different legal systems were compared for this purpose. On one hand reorganisationis a sort of civil procedure, on theother hand it is a sort of contract. This thesis tries to describe this ambiguity in emphasising its contractual basis and judicial framework. Chapter One analyses how the insolvency modifies the position of the management, management is no more completely autonome in its action. In some cases there placement of the management is necessary, especially when the wrongful trading is proven. In most of cases the debt or files for insolvency, prepares a plan of reorganization and becomes a "Debtor in possetion". Different stades of reorganisation in respect with the position of the debtor are examined which shows that the reorganization is a way for thea management how to regain the right to act on behalf of the company. The role of shareholders symbolises the changes inside of the insolvent company- onone hand they represent as a shareholders'meeting an organ of the company and the other hand they are also...
Registration of claims in insolvency proceedings
Murin, Ladislav ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Registration of claims in insolvency proceedings Abstract In the financial world it is not uncommon for debtors to find themselves in a situation of being insolvent and unable to fulfill their obligations to creditors. Insolvency proceedings were created to resolve such a situation, enabling the creditors to have their claims registered and satisfied en masse (collectively). However, the registration of claims is a complex process consisting of several phases, namely the registration of claims stricto sensu, their verification and satisfaction. Proper understanding of each of its individual aspects is crucial for the creditors. However, constant changes by the legislator to the rules of this process make it difficult for creditors to understand them. The newest changes to the "rules of the game" are a result of two acts by which the Act No. 182/2006 Coll., on insolvency and its resolution (insolvency act) was amended and which came into effect in 2017. The amendments brought a number of changes, but changes to the registration of claims occurred mainly in the verification of filed claims, the status of claims registered by the homeowner association and in the filing of contingent and future secured claims. The most significant change brought about by one of these amendments is the disuse of the verification...
Collective protection of rights in civil procedure
Balarin, Jan ; Winterová, Alena (advisor) ; Macek, Jiří (referee) ; Tichý, Luboš (referee)
The subject of the present thesis is the collective protection of private rights as a specific procedural appearance. In the first place, we put forth the philosophy of collective judicial procedure. We contend that the system of enforcement of private rights utilizes the principles of spontaneous order, i.e. it builds on the finding that persons follow self-interests and, thus, exercise their rights. In contemporary society legal relations disintegrate into series of acts of low face value. As a consequence, a great part of rights lack corresponding (sufficiently intensive) individual interest and their procedural redress inevitably fails. Collective procedure pushes for relief through consolidation of interests on the principles of collective action. The value of the subject of the proceedings gets increased and economies of scale are achieved. We classify the aggregated interests into parallel individual interests (ad hoc grouped), general interests, which represent new quality on collective level, and public interest as a broadest category of general interest. On the basis of these conclusions, particular collective enforcement schemes are substantiated. We analyze the collective procedure from the perspective of three criteria - the nature of the consolidator of interests (representative...
Administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent
Drvota, Jan ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Title: Administration of an immovable property during enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent (executor). The purpose of this thesis is to analyze the administration of and immovable property during enforcement proceduce conducted by a cour enforcement officer and by a licensed executor. This new method of enformenent was introducted into Czech legal order with effectuality from 1.1. 2013 and although this legal institute has been affective for almost five years, it still remains marginal and a little-used. The thesis is divided into three main chapters. The first chapter describes the historical development of the legal institute of executive sequestration. Chapter introduces the reader to the material reasons for which this institute was developed in Roman law, and shows how transformation has passed through the feudal and early industrial periods to the present. It is not forgotten even the socio-economic conditions of individual periods that formed those legal regulations. Second chapter describes the administration of an immovable property during in generace. Attention is paid to the more detailed characteristics of effective legal institute in Czech legal order. The last part of the thesis wants to familiarize the reader with the...
Discharge - as one of modes of resolving insolvency
Konvrzková, Dominika ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Discharge from debts is one of the modes of resolving bankruptcy and is regulated in sections 389 to 418l of the Insolvency Act. This legal institute is widely used by debtors - especially by consumers, because if the debtor fulfils the statutory requirements, in particular consisting in the honesty of debtor's intent and in the satisfaction of claims of unsecured creditors at least in the minimum rate guaranteed by law, the debtor is subsequently allowed to achieve the essential benefit of the whole procedure - discharge from a substantial part of his unpaid debts. The aim of this thesis is to evaluate in a comprehensive way the valid and effective legal regulation of discharge from debts, including the last amendment that came into effect on July 1, 2017. At the same time, I focus on some problematic issues, which cause application difficulties in practice. The text of this thesis is divided into 8 chapters. The first chapter provides a definition of the key concept of the whole insolvency law, namely the concept of bankruptcy and impending bankruptcy. The second chapter deals with the basic characteristics of discharge from debts and description of subjective and objective requirements thereof. The following two chapters deal with two essential procedural motions, namely the petition to declare...

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