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Problematic aspects of selected executive titles
Bosáková, Nikol ; Frintová, Dita (advisor) ; Macková, Alena (referee)
This rigorous thesis deals with the problematic aspects of selected executive titles I came across in the performance of my office as an assistant judge at the District Court in Ostrava. The choice of enforcement titles was purely subjective. The aim was therefore to provide a comprehensive and versatile view of issues of enforcement titles, both from theoretical and practical points of view. Within the specified scope of the thesis, I came up with the concept of this thesis by trying to define the very concept of execution (seizure), writ of execution, and their material and formal enforceability. After the introductory first chapter, the central part of the thesis follows, where I tried to analyse the individual types of execution titles, namely a notarial record with permission for enforceability, a writ of execution with permission for enforceability, and arbitration. I believe that at the present time, the Institute of Arbitration is still relatively often used in society. This chapter is devoted to the largest part of the work, as the development of the legal regulation revealed quite serious procedural and legal deficiencies in application practice. The thesis also seeks to analyse shortcomings in the legal regulation of selected writs of execution, and to confront them with the...
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