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A comparison of enforcement proceedings conducted by certified
Pátíková, Tereza ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The theme of my thesis is to compare legal regulations of two fundamental institutions used for compulsory fulfilment of obligations. It comprises the execution of a decision pursuant to Part Six of Act No. 99/1963 Coll. Civil Procedure Code, and the execution pursuant to Act No. 120/2001 Coll. On Executors and Execution Proceedings. The purpose of the thesis is to compare the fundamental legislation with emphasis on their differences and investigating the advantages and disadvantages of both procedures. This is a hot issue, particularly with regard to the forthcoming amendments to both institutions. The work focuses on the legal regulation in force, but it also offers a comparison with the amendment mentioned above, which is going through the legislative process in Parliament of the Czech Republic at the time of preparing this thesis. The thesis is divided into eleven chapters. The first chapter gives an introduction to the problems of both proceedings and presents the fundamental legal regulation and their mutual relationship. The next two chapters deal with the position of an executor in execution processes and the role of a court in the execution of both decisions and executions. Chapters four to ten deal with the individual phases in the two proceedings. It is especially the alteration to...
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Attitudes toward the death penalty in the Czech Republic
Trojanová, Eva ; Vávra, Martin (advisor) ; Šafr, Jiří (referee)
My diploma work follows up Czech Republic inhabitants' attitudes toward the death penalty. It also describes changes in death penalty perception in terms of historical aspect, its presentation to public society, changes in approach to death penalty and violence in general over time. It deals with execution types development, executioner's social position and craft. It brings elementary thoughts of advocates and opponents of the death penalty and describes related contemporary situation in the world. All these chapters are included for broader context description to allow me better use and identify results from the survey. The other part of my diploma work is survey with focus on attitudes toward the death penalty in Czech Republic. It was conducted in 2012-13, based on online respondent panel, with use of quantitative methods. This market research survey was executed on Millward Brown Czech Republic online panel with sample of 821 respondents. Results basically deliver knowledge of relation between attitudes toward the death penalty and sociodemographics, main arguments for and against the death penalty, clarifies the relation between attitudes toward the death penalty and some factors such as experience with crime or death penalty basic facts knowledge. I also evaluated if respondents' attitudes...
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Comparative study of the czech and spanish legal regulation of the sale of real estate belonging to obligated party within the execution proceedings
Strnad, Silvio ; Pohl, Tomáš (referee)
The submitted thesis deals with the legal issues of execution proceedings of the sale of real estate belonging to obligated party from a comparative point of view. The thesis compares the Czech and Spanish legal regulations of the chosen narrower topic in the field of execution. The comparison relates both to legal regulation included in the OSŘ and EŘ reciprocally, but also OSŘ, EŘ to LEC as the foreign legal regulation. The first part of the thesis deals with executions generally and the execution proceedings with particular principles of the execution proceedings and the particular ways of distrain. This section also provides examples of the executions illustrated by the sale of real estate and compares particular legal regulations related to the course of the execution of judgment up to chosen particular way of distrain - the sale of real estate belonging to obligated party. The second part of the thesis deals only with the comparison of selected legal regulations about the sale of real property belonging to obligated party in the terms of execution proceedings.
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Incidental disputes in enforcement proceedings
Doubravová, Barbora ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The thesis deals with current legal regulation of incidence contentions, which can occur in the enforcement proceedings. The thesis consists of 3 chapters. The introductory chapter of the thesis deals with the introduction of the basic terminology, historic background, attributes of civil procedure and differences betweenen forcement proceedings and exekutory proceedings. It is essential to bear in mind that for a very purpose of this thesis a term "enforcement proceedings" refers to the civil execution on the one hand, and the enforcement procedure on the other. Among others, folowing disputes have been tackled: disputes about enforcement, exclusive contentions and last, but not least Third-Party Debtor disputes. Disputes which emerge from both types of civil enforcement proceedings are currently not regulated in the Execution Law and must therefore be governed by the rule of Civil Procedure. Principal diferences among certain types of disputes consist in particular in the phase of proceedings in which each dispute shall be addressed. While disputes about enforcement shall be settled in the phase of enforcement proceedings, the others shall then be transfered back in to the phase of adversarial proceedings. Second chapter deals with disputes about enforcement and its characteristics. Third chapter...
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Financial literacy
Stárková, Zuzana ; Krahulcová, Beáta (advisor) ; Zelinková, Olga (referee)
STÁRKOVÁ, Zuzana, Financial literacy, Prague, 2011. Zuzana Stárková - Charles University in Prague - Husitská teologická fakulta. Supervisor, Prof. PhDr. Beáta Krahulcová, CSc. Main Theme of the thesis is financial literacy, especially its level among the citizens of the Czech Republic. It concerns also with main consequences of insuffícient financial knowledge of Czech citizens nowadays. First part of the thesis deals with definition of financial literacy, its causes and consequences. Further, it covers social and psychological aspects of financial literacy. Last chapters are devoted to the topics of personal bankruptcy and insolvency act. The thesis is finished with a casuistry of an indebted family. Key words: Financial literacy, Financial education, Family finance, Banking, Indebtedness, Execution, Insolvency act, Social and legal counselling
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Structure and causes of indebtedness of individuals citizens in the Czech Republic
Dardová, Sylvie ; Angelovská, Olga (advisor) ; Vlčková, Kamila (referee)
This diploma thesis is devoted to the issue of indebtedness of natural person citizens of the Czech Republic and the follow up solution proposal, which aim is eliminate this problem. Selected theories of human capital and the consumerist society best describe theoretical concept debt issues. Consequently, this chapter is followed by the application of state policy instruments, which can mostly be sort of legislative action, educational activities and information and communication tools. They are a very important component, since all the measures breathe life. An important component of this thesis is to research, which was carried out in several directions, taking could then occur between individual variables to verify hypotheses. The extension of knowledge in the field of theory and research led me to the various proposals on how to solve the problem. In summary, it is a modification of the entire lending process and the subsequent recovery, which would in case of implementation of indebtedness persons decreased while satisfying yield "creditable" lenders. Powered by TCPDF (www.tcpdf.org)
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The sale of an enterprise as the mode of enforcement (execution) of monetary judgment
Kupka, Miroslav ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This essay was drafted on the topic of "The sale of an enterprise as the mode of enforcement (execution) of monetary judgment". The topic of this essay was chosen by me as I have been working with the execution law and, furthermore, this is very the dynamically expanded legal area in the frame of the civil procedural law. The enforcement (execution) is the legal area which is been experiencing by permanent changes, which main aims are both more effective enforcement of the pecuniary fulfilment on one side and the protection and minimisation of enforcement in reasonable and indispensable cases on the second side. The aim of this essay is to introduce this legal area of the sale of an enterprise as the mode of enforcement (execution) arranged by the judges during enforcement and executions arranged by the executors. Furthermore, I try to compare the current legal status of the enforcement by the sale of an enterprise to the current legal status of enforcement by the sale of a real estate property and also to compare the current legal status of the enforcement by the sale of the enterprise to the legal status effective before the amending the current legal status effective from 1st January 2013. This essay is segmented into the three individual parts. The first part is an introduction of the essay....
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Defence of the obliged party in the execution (deferral and discontinuance)
Mrázková, Lucie ; Macková, Alena (advisor) ; Frintová, Dita (referee)
The topic of this rigorous thesis is the defense of the debtor in execution with the focus on institutes deferral and discontinuance of execution. The thesis concerns execution carried out by the judicial officers according to Act No. 120/2001 Coll., on court executors and execution activities (Execution Procedure Code). The aim of this thesis is to describe and evaluate the possibilities of debtor's defense, to analyze application problems and to propose a modification de lege ferenda. I refer to the conclusions of the judicial decisions to individual institutes, which is an important source for the interpretation of legal rules. This rigorous thesis consists of four chapters, which are further separated into individual subchapters. The first chapter is devoted general interpretation of term and purpose of execution, sources of law and main principles of execution proceeding. This chapter also includes a historical excursion to the development of execution law in our country and an example of a foreign procedure in the exaction of claims. The main principles of execution proceeding are explained in detail, including examples of specific provisions of a statute in which these principles are expressed. The second chapter generally mentions the means of defense of the debtor, voluntary fulfillment of...
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