|
|
Enforcement of judgment regarding the raising of minors
Srbová, Gabriela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
in English I have chosen as the topic of my thesis "Enforcement of judgment regarding the raising of minors", extended of matters related to international child abduction. Such topic is not being found interesting by me only it is also a very current topic and is being widely discussed in today's society. And yet it is not a topic covered thoroughly enough, in my opinion. I have intended to present those issues of legal regulations that are causing certain difficulties when has been applied in practices, and therefore widely discussed among the professionals as well as the general public. Given the scope of my thesis I was not only engaged in theory, but I was also trying to find items in current legal regulations that shall be improved, despite its recent amendment. I do justify my choice of this topic in the introduction part of the thesis and adumbrate the current social atmosphere of the area. In the second chapter entitled "Management in matters of custody held by the juvenile court," I analyze the issues related to the so called "best interests of the child". In the third chapter I am specifically dealing with various aspects of enforcement of judgment regarding the raising of minors, which primary contains the legal regulations that have been issued pre and post the latest amendment,...
|
|
|
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...
|
|
|
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...
|
|
|
Court execution by sale of movables
Bajanová, Kateřina ; Borská, Jana (advisor)
The subject matter of this thesis is a Court execution by sale of movables which can be considered as one of the possible variants of the execution process that assign a payment of the pecuniary debt.
In the theoretical part, there is a description of the current legislation, prerequisites for execution, the course of proceeding and the statistical evaluation of execution in the district of Jičín.
In the practical part, there is focus on a concrete execution by sale of movables in conditions of the Czech Republic.
|
|
| |
|
|
Debt collection in legal theory and practice
Nejedlá, Jana ; Pikola, Pavel (advisor) ; Jaromír, Jaromír (referee)
This diploma work focuses on the issue of debt collection via deductions from pension payments. The theoretical part analyses the legal conditions for this type of debt collection and defines the terms related to it. The first chapters focus in general on financial literacy and the development of the system of deductions from wages. In the following chapters, based on analysis of legislation and description, the legal basis of deductions from wages is mapped, along with the calculation of the amount of deductions seized based on distraint orders and changes to the payer of income during the enforcement of a decision. The other sections of the work focus on insolvency and the recipient payers retirement in the event of deductions. The practical part presents a comparison of analysed data about the development of the number of pensions, the average amount of pensions and pensions affected by deductions seized based on distraint orders, and details are compared about the amount of income achieved during economic life and in retirement. Then the particular issues in the Czech Republic and Slovakia are compared through examination of their basic characteristics. Based on the authors own observation, the final part of the document contains suggestions of possible solutions that would reduce the number of pensions affected by asset seizure.
|
|
|
Selected aspects of the execution proceedings
Chudá, Kateřina ; Korcová, Renata (advisor) ; Pikola, Pavel (referee)
The bachelor thesis is dealing with the problems connected with the execution proceedings. The first part is focused on defining the different types of enforcement, with emphasis on execution proceedings. The theoretical part is focused on the general definition of the execution, the analysis of the contemporary legislation and the position of a bailiff in the Czech legal order. The course of execution proceedings and subsequent characterization of its individual parts is described in other sections of the work. The end of the theoretical part includes the selected means of defense against mandatory execution. The practical part is focused on the shortcomings of execution proceedings based on the specific example of practice. The author analyzes the defects that were associated with the execution proceedings and attempts to draft a solution to prevent similar situations.
|
|
|
Debt collection in legal theory and practice
Nejedlá, Jana ; Pikola, Pavel (advisor)
This diploma work focuses on the issue of debt collection via deductions from pension payments. The theoretical part analyses the legal conditions for this type of debt collection and defines the terms related to it. The first chapters generally focus on financial literacy among the population. The subsequent chapters map the act of deducting amounts from pension payments, the method of calculating the deduction amounts and the process of making deductions when receivables overlap and when the payer of income changes. The other sections of the work focus on insolvency and the recipient payer's responsibility in the event of deductions. The practical part compares and analyses data about the development of numbers of pensions affected by ordered asset seizure and details regarding the amount of income earned during working life and during retirement. Based on the author's own observation, the final part of the document contains suggestions of possible solutions that would reduce the number of pensions affected by asset seizure.
|
|
| |
|
|
Analysis of Debt Collection in the Zemědělské družstvo Hrotovice, družstvo
Pelánová, Jana ; Navrátil, Vladimír (referee) ; Musilová, Helena (advisor)
This bachelor work focuses on the issue of security and the recovery of claims after their due date. The theoretical part concerns the creation of claims, their security, statutes of limitations and liquidation. The main part aims to clarify the essence of extra-judicial and judicial recoveries of claims. These claims are seen from the accounting, tax and economic perspective. The analytical part characterizes the selected business subject and features analysis of current securities and recoveries of claims after their due date. The final part of this work includes the most suitable arrangements for increasing the efficiency of methods of recovering claims and suggestions for improving their security.
|
guest ::
