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Distraint by sale of property after the amendment to the Code of Distraint Procedure
Zwiefelhoferová, Eva ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
12 Abstrakt - abstract Tato rigorózní práce se zabývá dražbou prováděnou soudním exekutorem v exekučním řízení po novele zákona č. 120/2001 Sb, o soudních exekutorech a exekuční činnosti (exekuční řád). V práci je kladen důraz na jednotlivé fáze exekuce prováděné prodejem nemovitosti a to konkrétně ocenění nemovitosti, dražba nemovitosti a rozvrhové jednání se zaměřením na úkony soudního exekutora v jednotlivých fázích. Práce se též zaměřuje na problematiku zástavních práv, včetně exekutorského zástavního práva, jako nového institutu The thesis addresses the auction of property performed by a court distrainer in a distraint proceedings after the amendment to Act No. 120/2001 Coll., on court distrainers and distraining activities (hereinafter the "Code of Distraint Procedure"). The thesis places emphasis on the individual phases of distraint by sale of property, specifically appraisal of the property, auction of the property and proceedings regarding distribution of the proceeds, focusing on the actions of the court distrainer in the individual phases. The thesis also focuses on the issue of rights of lien, including the distrainer's right of lien, a new institute.
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Criminal Law Aspects of Performing a Bailiff's Activities
Linková, Petra ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
The aim of the dissertation "Criminal Law Aspects of Performing a Bailiff's Activities" is to assess the legal position of a relatively new legal profession-bailiffs, define the types of legal liability that bailiffs bear, and focus primarily on one such type-criminal liability. At a practical level the aim of this dissertation is to contribute, using case law from Czech criminal courts, to the understanding of the issue of the performance of a bailiff's activities, in particular in terms of the powers entrusted to a bailiff at the statutory level in the field of seizure law, with a focus on the level of work by bodies active in criminal proceedings.
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The writ of execution and the authorization of a licensed executor
Matušincová, Eva ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The following diploma thesis is called "The writ of execution and authorization of a licensed executor". I have chosen this theme because this execution and execution procedure is a dynamically developing part of the civil law and has been changed substantially in recent years. I deal mainly with the legislation in regards to the petition for an execution order, an execution order as well as a termination of authorization of an licensed executor to carry out the execution. The aim of the thesis is to acquaint the reader with current legislation, compare current legislation with previous legislation and identify ambiguities and issues encountered in practice. The thesis is divided into five chapters. The first one is a preface and the last a conclusion. The second chapter deals with the petition for an execution order, especially requirements, defects and their remedies. Further, I pay attention to execution title and its particular types. In the end I outline the possibility of the proposed limitations on the territorial scope of an licensed executor de lege ferenda. The third chapter deals with the execution procedure and authorization of a licensed executor. I describe how the court can decide on the petition for the execution order. Separately I deal with an execution decision, its delivering,...
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Distraint by sale of property and by property management
Hřeben, Tomáš ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This diploma thesis deals with issues of distraint by sale of property and by property management which represent two kinds of distraint with important impacts on debtor's proprietary rights. The diploma thesis is divided into four chapters complemented by introduction and conclusion. The first chapter deals with distraint order in a general way and also examines the term "real estate" in the context of the recent recodification of the civil law. The second chapter explains phases of distraint by sale of property and by property management from the initiation of the distraint order to the delivery of warrant of distress. Next third chapter deals closely with the distraint by sale of property and its particularities and the final chapter analyses in a similar way the distraint by property management.
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