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Social analysis of debtors in Prague 3 - Žižkov
Bartesová, Gabriela ; Tomeš, Igor (advisor) ; Vodáčková, Daniela (referee)
The bachelor paper "Social analysis of the indebted citizens in Prague 3" focuses on the issues of indebtedness, respectively overindebtedness, it's causes and consequences for single person, or the whole population. The essay tries to answer the question about the origin of overindebtedness, options of it's solution and prevention. The theoretical part deals with the issues by historical aspect and the law aspect too, mainly is focused to the execution of the decision carried out by sale of movable things, and advise for individuals. The research part works with the question, which segments of population the indebtedness concerns at most, by the aspect of gender, age, employment, nationality and education, focused for Prague 3.
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Status of the judgement debtor in execution proceeding in comparison with legal regulation in the Slovak Republic
Kvapil, Václav ; Macková, Alena (advisor) ; Smolík, Petr (referee)
This thesis deals with comparing the status of the judgement debtor in individual stages of execution proceeding as it is defined by Czech and Slovak legal regulation. When describing the status of the judgement debtor, the stress was laid on the means of the judgement debtor's defence. When describing the selected means of performing the execution proceeding, the stress was laid on the devices that guarantee the protection of the judgement debtor. The thesis also relates to the legislative development of some of these devices. The initial pages of the thesis are discussing the execution proceeding in general, further, the means of ordering the execution proceeding are described and finally there is a description of the means of performing the execution proceeding. In the final sections of each chapter, there is a comparison of both legal regulations. The thesis also consists de lege ferenda reflections and it also mentions the crucial changes in the execution law of the Czech Republic.
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Judgment debtor's procedural means of defence within the enforcement of judgment
Černá, Edita ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
1 Judgment debtor's procedural means of defence within the enforcement of judgment Abstract The subject of this thesis is the judgment debtor's procedural means of defence within the enforcement of judgment and its goal is to process comprehensively and to examine in detail the applicable legislation, case law and professional publications related to this issue. In addition to the introduction and conclusion the thesis is divided into five main parts, some of which are divided into individual chapters subdivided into individual points where needed. The first part of the thesis is devoted to general interpretation of the enforcement of judgment, including judicial enforcement of judgment and execution. The basic institutes of the enforcement procedure are discussed here as well as the basic principles by which the enforcement proceedings are controlled. In the remaining parts of the thesis the attention is focused on specific procedural means of defence of the judgment debtor within the enforcement of judgment. The second part contains the legal analysis of the procedural means that the judgment debtor can use in his defence during the enforcement proceedings. The individual chapters of this part deal with the objection of local jurisdiction of the court of judicial enforcement of the judgment, the objection...
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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...
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Reasons for discontinuation of distraint
Matoušková, Lucie ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reasons for discontinuation of distraint - Abstract The subject-matter of this diploma thesis are the reasons for the discontinuation of distraint performed by a court distrainor in accordance with the Rules of Distraining. The importance of the chosen topic is justified by the fact that the only means the liable party can use to effectively defend themselves against distraint is a motion for the discontinuation or postponement of distraint. The first part of the diploma thesis deals with sources of the legal regulation, the most important amendments and the basic terminology which is closely related to the discussed procedural institute of the discontinuation of distraint. One of the key principles governing the distraint proceedings is the principle of protecting and defending the liable party while performing distraint. The chapter focused on basic principles affecting the course of the distraint proceedings deals particularly with those principles that are applied in the stage of the distraint proceedings from the filing of the motion for the discontinuation of distraint, or the motion for the postponement of distraint, until a decision on that motion is taken, or also in the cases where a decision on the discontinuation of distraint is taken even without filing a motion. The chapter focusing on the...
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Entities of execution proceedings.
Schmidtová, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
I have chosen the topic of this diploma thesis for its relevance. The number of ordered executions is still high and the ratio between rights and obligations on the part of individual subjects of the execution proceeding is unclear. The diploma thesis discusses subjects of the execution proceeding according to the Execution Procedure Act. It analyses who can be subject and participant of the execution proceeding, the status of the subjects, their role in execution proceeding and also their rights and duties. The aim of the diploma thesis is to compare the position of individual subjects, describe how the execution can affect lives not only of the obligated and entitled subjects but also lives of third parties and to elaborate on future legislation. The diploma thesis is, except for the introduction and the conclusion, divided into ten chapters. The beginning is devoted to general questions regarding subjects and participants of the proceeding and the proceeding itself. Then it discusses individual subjects of the execution proceeding. The last chapter focuses on the discussion about future legislation.
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Status of the judgement debtor in execution proceeding in comparison with legal regulation in the Slovak Republic
Kvapil, Václav ; Macková, Alena (advisor) ; Smolík, Petr (referee)
This thesis deals with comparing the status of the judgement debtor in individual stages of execution proceeding as it is defined by Czech and Slovak legal regulation. When describing the status of the judgement debtor, the stress was laid on the means of the judgement debtor's defence. When describing the selected means of performing the execution proceeding, the stress was laid on the devices that guarantee the protection of the judgement debtor. The thesis also relates to the legislative development of some of these devices. The initial pages of the thesis are discussing the execution proceeding in general, further, the means of ordering the execution proceeding are described and finally there is a description of the means of performing the execution proceeding. In the final sections of each chapter, there is a comparison of both legal regulations. The thesis also consists de lege ferenda reflections and it also mentions the crucial changes in the execution law of the Czech Republic.
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Social analysis of debtors in Prague 3 - Žižkov
Bartesová, Gabriela ; Tomeš, Igor (advisor) ; Vodáčková, Daniela (referee)
The bachelor paper "Social analysis of the indebted citizens in Prague 3" focuses on the issues of indebtedness, respectively overindebtedness, it's causes and consequences for single person, or the whole population. The essay tries to answer the question about the origin of overindebtedness, options of it's solution and prevention. The theoretical part deals with the issues by historical aspect and the law aspect too, mainly is focused to the execution of the decision carried out by sale of movable things, and advise for individuals. The research part works with the question, which segments of population the indebtedness concerns at most, by the aspect of gender, age, employment, nationality and education, focused for Prague 3.
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Economic and social impacts of non-payment of alimony in legal theory and practice
Prachařová, Petra ; Pikola, Pavel (advisor)
Bachelor thesis will deal with the maintenance obligation of a parent to minors, that the first results of the Civil Code and later at the initiative of one of the parents addressed by the decision of the Court. The first part will explain the concept of non-payment of alimony, a glossary and its legislation. It will also indicate what impact can have and in most cases a failure to pay maintenance for a minor child and an authorized person. What financial and social problems they face this family and how complex and difficult situation for this family it is. And will also include options identify the beneficiary in the recovery and acquisition amounts due.
It will also mention the earlier arrangement for the payment of maintenance replacement states that it subsequently exacted after the compulsory allowing authorized person and the minor child not suffer financially. The aim of this work will highlight solutions to the economic situation of these families in the form of re payment of maintenance replacement state.
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