National Repository of Grey Literature 3 records found  Search took 0.00 seconds. 
Claim and dispositions with it
Kment, Václav ; Zvára, Michael (referee)
Claim and dispositions with it Abstract This thesis aims to provide readers with a comprehensive insight into the law of obligations with regard to the theoretical concept of a claim and analyze its place in the legal system as a concept of relative property law and at the same time thing from the perception of the current civil law. The first chapter presents the characteristics of an obligation and its cause and further elaborates on its origin, changes and termination. The second chapter analyses the nature of a claim, as the right of a creditor to demand performance from a debtor from both theoretical and practical poin of view, taking into account the genesis of understanding of this institute from Roman law to the current apprehension in the law of the Czech Republic. For the sake of completeness, a chapter on debt has also been included in the thesis, in order to analyse debt as an institute standing on the other side of the spectrum of an obligation with emphasis on possible dispositions therewith from the point of view of the debtor and the creditor. The fourth chapter deals with the pivotal theme of the thesis, namely dispositions with receivables and their limitations, which arises from the fact that a receivable, although being a property value owned by its creditor, stems from the relationship...
Claim and dispositions with it
Kment, Václav ; Elischer, David (advisor) ; Rozehnal, Aleš (referee) ; Kolesár, Pavel (referee)
Claim and dispositions with it Abstract This thesis aims to provide readers with a comprehensive insight into the law of obligations with regard to the theoretical concept of a claim and analyze its place in the legal system as a concept of relative property law and at the same time thing from the perception of the current civil law. The first chapter presents the characteristics of an obligation and its cause and further elaborates on its origin, changes and termination. The second chapter analyses the nature of a claim, as the right of a creditor to demand performance from a debtor from both theoretical and practical poin of view, taking into account the genesis of understanding of this institute from Roman law to the current apprehension in the law of the Czech Republic. For the sake of completeness, a chapter on debt has also been included in the thesis, in order to analyse debt as an institute standing on the other side of the spectrum of an obligation with emphasis on possible dispositions therewith from the point of view of the debtor and the creditor. The fourth chapter deals with the pivotal theme of the thesis, namely dispositions with receivables and their limitations, which arises from the fact that a receivable, although being a property value owned by its creditor, stems from the relationship...
Development of Actio Pauliana in Czech civil law in comparison to German and Austrian regulation
Kment, Václav ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Development of Actio Pauliana in Czech civil law in comparison to German and Austrian regulation This thesis deals with a historical development of the juridical institute of a contest and comparison of the legal regulation of relative ineffectiveness in Czech, German and Austrian legal system. This legal tool, which serves to protect the creditor against any legal act of the debtor, which prejudices the satisfaction of an enforceable claim of a creditor, has undergone essential changes during the time. The international comparative part of the thesis contains the biggest distinctions between the judicial conclusions of the courts in the respective countries and tries to evaluate whether some of the judicial conclusions of the courts of the above mentioned countries might also be applied by the courts in the Czech Republic. Part of the thesis also analyses the regulation of ineffective legal acts within the scope of the insolvency procedure of the debtor which is in some cases different from the regulation in the civil code and ineffectiveness of the legal acts, which are directly ineffective due to certain provisions in the civil code and insolvency act. Last part of the thesis compares the institute of objectionability according to the "old civil code" and the juridical institute of relative...

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4 Kment, Vojtěch
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