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Obstructig the enforcement of decision on expulsion
Adámková, Karolína ; Kryska, David (advisor) ; Svoboda, Petr (referee)
The thwart of the execution of decision of administrative expulsion The aim of this paper is to elucidate some problems of foreign law, specifically the duplication of the regulation of the thwart of the administrative decision, i.e. whether to proceed in accordance with the Act on the Residence of Foreign Nationals in the Czech Republic or the Criminal Code and thus determine which of these adjustments takes precedence. In this paper, therefore, the two institutions are thoroughly analyzed, including the genesis of their origins and possible changes in the amendments, as well as their impact on foreigners. In addition, related institutions were analyzed, such as decisions on the obligation to leave the territory, or the retention and detention of an foreigner, which may influence decision making on the use of such legislation. In this paper the valid and effective legislation of the Czech Republic, as well as the case law, not only of the Czech courts, but also of the international courts, such as the Court of Justice of the European Union or the European Court of Human Rights, have been analyzed. Using a detailed search, using statistics from authorized state authorities as well as a collection of cases, we have found that the variability in the use of both institutes, or institutes of others or...
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The concept of bailiff services in the Czech Republic and their comparison with selected EU countries
Hadravová, Andrea ; Lechner, Tomáš (advisor) ; Mikulová, Magdalena (referee)
Since 2001, the legislation on enforcement has been fundamentally changed, on 1st 2001, Act No. 120/2001 Coll., Executors and Enforcement Activities (Enforcement Code) entered into force. The creditor has thus been given the opportunity to decide how recover his claim. Until then, his only possibility for recovering claims was through the court, but since this date he could acquire his rights through the services of a distrainer. In 2012, this duality was abolished and is executed in most cases by private distrainer. He carries out his activity for reward, which results in his status as an entrepreneur. And his reward has been a thorny issue since 2001, when the profession came into our systhem. The issue of this topic is also evidenced by the parliamentary bill, which tries to regulate to reduce the distrainer`s tariff. The thesis compares the current situation in the Czech Republic with selected states. For purposes of this thesis, I chose Germany, because there is recovery of debts through a state employee, France because this system is one of the oldest and served as a model for many states and Slovakia, for reasons of common history and amendment that came into force in April this year. The aim of the thesis is to map the situation in selected states, to find possible deviations and sources of inspiration for the system of executive services in the territory of the Czech Republic.
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Preliminary injuctions in civil procedings
Hrnčiřík, Vít ; Winterová, Alena (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
The topic of preliminary injunctions (injunctive relief) in civil proceedings has not been monographically processed and published in the Czech Republic for more than one hundred years. That is in spite of the practical relevance and topical debates pertaining to the topic. A whole array of problematic questions connected to preliminary injunctions is controversial and also legal opinions in Czech commentary literature considerably diverge in respect to particular issues. The thesis offers a systematic approach to preliminary injunctions and proceedings governed by the Czech Civil Proceedings Code and the Statute on Special Court Proceedings ("OSŘ" and "ZŘS"). Attention is paid to historic developments and comparable jurisdictions (especially Germany and Austria), which are used as a reference in cases where Czech sources are insufficient. The aim of the work is to pose and answer fundamental questions of the "law of preliminary injunctions". The work deals with function, typology, relation to the proceedings based on merits, interlocutory character, limits, means, effects, particularities (such as demonstration, justification), requirements for granting and possibilities of enforcement of preliminary measures, further with relation to relative legal creatures (i.e. preliminary enforceability) and...
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Interim Measures regarding Unfair Competition
Duba, Jiří ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
This thesis is concerned with Interim Measures regarding Unfair Competition and is divided into two main areas describing relevant legislation. The first area is conceived as an assessment of procedural law mainly included in Act no. 99/1963 Coll., Civil Procedure Act, as amended (hereinafter referred to as "Civil Procedure Act"), whereas the second area is conceived as an assessment of substantive law represented by Act no. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code"), which contains provisions of unfair competition. At the beginning, the general conditions of proceedings are described. The general conditions consist of frequently discussed terms lis pendens and res iudicata. This is followed by specific conditions applicable to interim measures represented among others by the duty of depositing a security which is imposed on petitioners. The following part, which is significant for the scope of this work, places an emphasis on the most important institutes of interim measures. It elaborates on the term to "prove" and "evince" certain facts as an assumption for interim measure issuance, on wording of a claim statement as well as on the material legitimization in the matters of unfair competition. Likewise, types of court decisions, the cancellation and termination of interim...
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Dispute resolution within WTO with regard to the enforcement of decisions
Machátová, Mariana ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Resume This thesis aims to evaluate the WTO dispute settlement system that deals with disputes arising between WTO members. It focuses on the final stage of this process, i.e. the compliance process and the judgement enforcement process. The main objective is to answer the question whether the methods of judgement enforcement are effective and successful and assess any shortcomings and offer possible solutions to overcome these shortcomings. The thesis is divided into seven chapters. In the opening passage the role of World Trade Organization is introduced as well as the need for a dispute resolution system and the main principles governing the system. Various WTO bodies involved in the decision-making process are also described in detail. The following three chapters deal with the dispute resolution process and procedure rules provided under the Dispute Settlement Understanding (DSU). The thesis explores all of the procedural stages of the dispute settlement and also all relevant procedural steps undertaken by the participants. These are not limited to the complainant and to the respondent but also encompass third parties and WTO bodies. The fourth and the fifth chapter of this thesis are dedicated to the compliance process and the judgement enforcement process either by means of compensation or suspension...
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Administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent
Pisaková, Hana ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Title: Administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent The purpose of this thesis is to analyze the administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent. The administration of an immovable thing is a new way of enforcement procedure, implemented to Czech legislation by amendment of the Civil Procedure Code that came into effect on 1st January. 2013. This thesis is divided into seven chapters. The first one contains just the brief overview of the main problems. Second chapter describes the enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent in general. Third chapter explains detailed characteristics of an administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent, its process, duration and conclusion. Fourth chapter deals with identification of main problems of an administration of an immovable thing and deals with them. Especially deals with problems regarding possible limitations of court in modification of leasing and tenure contracts. The possible use of an immovable thing by a debtor and possible...
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The european enforcement order and the european order for payment in the context of czech legislation
Duffek, Lukáš ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
This rigorous thesis deals with the European enforcement order and the European order for payment in the context of Czech legislation. Taking into account that the regulation regulating the European enforcement order as well as the regulation regulating the European order for payment came into force quite recently, the topic of the thesis can be considered as very actual. The main purpose of the thesis is to explain the legal basis for the application of the European enforcement order and the European order for payment under the Czech law, describe the development of both instruments and then analyze some practical aspects related to their use in practice. The author of the thesis also outlines the regulation of both instruments under the Czech legislation; and in relation to the key aspects there is a comparison of the Czech and the EU regulation. This rigorous thesis is based on the use of the methods of description, comparison and analysis.
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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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Reimburse function of the right of a lien from the perspective of contemporary practice
Fraňo, Michal ; Mikeš, Jiří (advisor) ; Dvořák, Jan (referee)
The offered work is a guide to the process of the realization of the lien in its most sensitive stage- in the realization of the pledge and satisfying secured creditor. The text is focused on the real practice in the various degrees of the process. The content of the work aims primarily to the civil proceedings, but it is impossible to ignore the substantive-related institutes in the complex interpretation of the problem, such as the creation and the termination of the lien, accessories to the pledge, definition of the pledge in the relation to bulk things - composed of various interlinked items sold as one whole - such as an enterprise and to collections of things such as a batch of horses etc. The work is concerning separate steps in the process of the realization of the lien and aims its effort mainly to the mortgage. The issue of personal things s is rather marginal. Nor the legislation makes no essential differences between a mortgage and a lien on personal things. The author left completely aside the issue of property rights such as shares, claims, objects of the intellectual property etc. Introduction of the paper briefly outlines historical origins and practical importance of the lien. It is followed by overview of the sources of the applicable law, as necessary preliminary work with the...
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Executory Title as a Basis for Enforcement of Decision
Guckler, Daniel ; Smolík, Petr (advisor) ; Macková, Alena (referee)
I. Abstract The aim of the thesis is to describe the issue of enforcement claims under execution for monetary compensation according to the Executory Code and judicial enforcement of decision under Part Six of the Civil Procedure Code. Consensus for judicial enforcement and execution, which is largely based on the regulation of judicial enforcement of decision, as the Executory Code is special to the Civil Procedure Code, made the author realize clearer interpretation of individual topics from the point of view of judicial enforcement of decision and parallelly from the view of judicial execution. Executory title is essential requirement for judicial enforcement of decision or writ of execution. However, it is not the only one prerequisite. There are other assumptions, which are requirement to the writ of enforcement and successful completion of the execution or judicial enforcement. Other essential attributes, that need to be examined, are perfection of proposal, active legitimation of the claimant, passive legitimation of the debtor, their eligibility, litispendentio or rei iudicatae etc. The absence of even only one of the conditions proceeding is a procedural defect. Execution proceedings and judicial enforcement consist of several phases. Also in the phase of own enforcement, there can be facts, which...
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