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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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Legal disputes caused by execution and bankruptcy proceedings
Vepřková, Petra ; Smolík, Petr (advisor) ; Zoulík, František (referee)
The aim of this thesis is to define the disputes arising from the execution and bankruptcy proceedings, to categorize them to the systematic framework, to outline their nature and to create a comprehensive overview about these disputes. The thesis is devided into three chapters, which are subdevided into subsections and parts. The first chapter of this work is aimed to the general issues, that have the influence on creating and forming of disputes resulting from the execution and insolvency proceedings, because it would be impossible to capture this topic coherently without these initial premises. Thereof, there are incorporated the conceptual definition of the execution proceedings and the principles of the execution proceedings, particularly considering the principle of protection of the obliged person and the principle of protection of third parties. In the part dealing with the aspects that form the disputes in the insolvency proceedings there are indicated the historical development of the insolvency, the overall characteristic of the insolvency proceedings, its specific principles and the difference from the former legislation. Further, for making a general overview of disputes arising from the execution and insolvency proceedings, there is also included in the first chapter the classification...
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