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Legal capacity and related legal proceedings
Chalupská, Lenka ; Macková, Alena (advisor) ; Frintová, Dita (referee)
The aim of this thesis named "Legal capacity and related legal proceedings" is to introduce legal capacity and related legal proceedings with the focus on the procedural legislation. Legal capacity is a natural component of each natural person and it is not allowed to be removed. Legal capacity is acquired at birth and is retained until death. Sometime, due to protection of rights of a person, legal capacity might be restricted. This thesis is divided up into ten parts. The largerst part is focused on legal proceeding which lead to restriction of a person's legal capacity, ie. restriction of an aspect of personal status. Nevertheless, the thesis introduces also legal proceeding leading to prolongation of time of legal capacity restrictions and proceeding concerning legal capacity of a child. The custody of persons limited in legal capacity and related legal proceeding are introduced in the thesis as well. This proceeding and proceeding of legal capacity are conjoined to each other, which is the reason why this subject may not be omitted. This part describes the process of choosing the right person as a curator. The author also shows that several misunderstandings and misinterpretations occured after Civil Code came into force on the 1st of January 2014. The author also presents her considerations...
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Reimbursement of costs in trial proceedings and enforcement proceedings
Mařík, Jiří ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Summary This thesis investigates the main perspectives of the reimbursement of costs in trial proceedings and enforcement proceedings. During the process of the judicial decision- making is often the issue of reimbursement of costs in trial proceedings and enforcement proceedings considered as of lesser importance. Nevertheless, the extent of professional discussion and frequent amendments of relevant legal regulations testify the very opposite. For this reason, one of the basic aims of this study was to perform a solid analysis of relevant legal adjustments, to point out the real problems while applying them and also to bring the suggestions of possible changes of particular legal regulations. The parts of this thesis are as following - introduction, five chapters, and conclusion. In the introductory part, the author defines the issue and aims of the work which are further described in following chapters. It also contains a definition of basic and key terminology. The first chapter introduces an overview of types of particular costs in trial proceedings, which are essential for understanding the principles and their consequent reimbursements. Alongside with a summary of historical evolution, the author also included practical enforcement and last but not least - the most frequent difficulties of...
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Discharge as a mode of resolving bankruptcy of a debtor
Trčková, Veronika ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge from debts represents one of modes of resolving bankruptcy of a debtor. It is a legal institute, which is very often used by debtors. Its aim is not only to satisfy creditors at least in the law guaranteed amount but also to protect the debtor, who is released of all his previous debts after successful discharge and he can start new life without debts and never-ending executions. The purpose of this thesis is to characterize an institute of discharge, to put it into the system of insolvency law, to describe insolvency procedure and some problematic areas of discharge, which cause difficulties in practice. During writing this thesis I tried to interconnect effective laws with case law of higher courts, reference literature and articles. The thesis is composed of 5 chapters. In the first one I briefly characterize basic terms of insolvency law (insolvency proceeding, bankruptcy, procedural entities) and modes of resolving bankruptcy of a debtor. Second chapter focuses on insolvency proceeding from insolvency petition to permission of discharge. Last part of the chapter describes alternatives of discharge, these are converting debtor's property into money, payment schedule or combination of both. In the third part, I deal with some problematic areas of discharge, which are missing or unclear...
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Position of spouses in insolvency proceedings
Tesařová, Nikola ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This diploma thesis describes the main specifics of position of spouses in insolvency proceedings, which is recently more and more relevant, but there is a lot of application and interpretation ambiguilties, which are related with this topic. This problem is by degrees solved by case law. The content of the diploma thesis is divided into four chapters. In the first chapter, the author gives a brief description of the history of the insolvency proceedings. The author's attention is paid especially to the regulation, which preceded the force of the Act. No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency and its solution modes (Insolvency Act) and Act No. 312/2006 Coll., on insolvency administrators. The emphasis is placed on the three ways of discharge of debts, which were possible for spouses in that time. The second chapter, defines terms, that are closely related to the topic and are necessary for further treatise of insolvency proceedings. These are marriage, common property of the spouses, insolvency proceedings and its solution modes. The third and also the main chapter of the whole work is devoted to discharge of debts of spouses. It is a relatively new institute, which was regulated by the Act No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency...
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Costs of civil proceedings
Písaříková, Markéta ; Winterová, Alena (advisor) ; Macková, Alena (referee) ; Uhlíř, David (referee)
Costs of civil proccedings This dissertation thesis is aimed onto costs of civil proceedings, especially general costs of civil proceedings and special costs of civil proceedings. Regarding to the special costs of civil proceedings it deals with its remuneration (amount and extent). Existing Czech law was analyzed on given cases with comparation of law, economic analysis of law and theory of games and as the result the externalities were found and defined with the consequences the law lead to. The application of game theory on given problematics has shown its value for analysis of legal rules and as for future it is a way where the analytics can develop. The dissertation thesis has found a mathematical formula for calculation of summary remuneration of costs accompanied with lawsuits so that for the creditor it is more economical to sue the debts than to cede them to the debt collecting companies, and together with that the new law is proposed to prevent externalities that destruct the functioning of civil courts by flood of multiply-lawsuits and externalities, that's costs are borne by tax residents.
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Substantive rules in the Insolvency Act
Justa, Aleš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Substantive rules in the Insolvency Act Abstract The fundamental aim of the thesis is to find and analyze substantive rules contained in the Act No. 182/2006 Coll. Insolvency Act. The thesis analyzes their meaning and purpose, mentioning relevant judicial decisions and their historical context. Also foreign literature and expert monographs dedicated to insolvency law are mentioned. Questions of proposed amendments to the Insolvency Act related to the theme of the thesis are discussed, and personal opinions of the author on selected insolvency issues are included. The thesis is divided into 5 chapters, which analyze substantive norms of the Insolvency Act. Chapters Two, Three and Four form the core of the thesis. The first chapter defines procedural law and substantive law, relations between the Insolvency Act and other legal regulations, and its position in the system of law. The second chapter deals with different stages of insolvency proceedings, especially with the legal effects of the commencement of insolvency, bankruptcy but also with remedial ways of solving bankruptcy - reorganisation and debt relief. All the above mentioned is dealt with taking into account substantive rules of the Insolvency Act. The third chapter is dedicated to questions of liability of parties to insolvency proceedings, to the...
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Notarial deed with declaration of enforceability
Hönig, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis titled "Notarial deed with declaration of enforceability" deals with the specific type of notarial deed, which is also enforceable title for enforcement procedure. It is a special type of notarial deed, whose tradition dates back to the 19th century. The aim of this work is to describe notarial deed with declaration of enforceability from the perspective of civil proceedings because it is the legal instrument, which for its flexibility, can in practice, replace Court Judgments. This thesis is divided into five chapters. The first chapter contains a brief historical development of notarial deeds with declaration of enforceability since its adoption into legal system in 1871 to the present. The second chapter deals with notarial deeds as authentic instruments, as well as notarial deeds on legal acts and then by each type of notarial deed with declaration of enforceability, including notarial deed as European Enforcement Order and relationship between the notarial deed with declaration of enforceability and civil adversarial proceedings. The third chapter focuses on notarial deed with declaration of enforceability as title for enforcement procedure and subsequently reviews of a notarial deed within enforcement procedure. The fourth chapter of thesis deals with notaries' responsibility for...
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Reorganization as a financial form of dealing with bankruptcy of business corporation
Cetkovská, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
In this thesis, entitled "Reorganization as a financial form of dealing with bankruptcy of business corporations", the author intends to approach this institute of the Czech insolvency law in a coherent and comprehensive scale. The first chapter deals with the historical development of insolvency law as such, both in the world and in the Czech Republic. The intention of the introduction of the historical context of insolvency law is to facilitate the understanding of the meaning of insolvency law and its objectives. Historical excursion in this thesis leads from the very basics of insolvency law in Roman law, to the current form of Czech Insolvency Act. At the same time the creation of the Insolvency Act, including the impact of foreign legislation and European Union law, is briefly described in this section. In the next three chapters, the author deals with insolvency proceedings generally, more specifically with the fundamental principles underpinning the whole insolvency law, and that permeate throughout the insolvency proceedings, including reorganization. Individual sections describe specific principles which are applicable only within the insolvency proceedings and their introduction illustrates the meaning and purpose not only of reorganization, but also of the entire insolvency proceedings...
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The property estate in insolvency proceedings
Chuchro, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This thesis deals with two main topics: the insolvency proceeding in Czech republic according the Incolvency Code, and the Institute of assets. It also provides short comparision of the chosen legal institutes of the assets between Czech and German insolvency codes. The purpose of this thesis is to define and describe the incolvency proceeding and the institute of assets and to evaluate the regulation of the Incolvency code and to predict the possible course of its future changes. The insolvency proceeding in Czech republic is a part of civil proceeding, and it is very specific because of its purpose, which is to solve the bankrupcy of the debtor and to achieve the maximum able repayments for his creditors. That is the reason why the insolvency proceeding must have its own specific legal principals and many specific rules devoted to achieve its purpose, so the Insolvency code includes many rules to prevent the possible misuse of these institutes for some other goals. This thesis deals with the subjects of the insolvency proceeding and their interests in the proceeding, their duties and competences and with their mutual relationships. The most importatnt of these subjects is the insolvency administrator, who is mainly responsible for the creation, administration and the final selling of the assets. This...
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The institut of administration In Czech and English law and its application in practice
Hlaváčková, Kateřina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The main goal of this thesis called "The institute of administration in Czech and English law and its application in practice" is to provide an overview of insolvency administration, its regulation and practical application in the Czech Republic and in England, to verify the hypothesis that administration, as a rescue solution for insolvency of companies, is, in comparison with the situation in England, being used insufficiently in the Czech Republic and its success rate is also low, as well as concluding, what is the reason of this situation. This goal has been fulfilled in four chapters. The first chapter contains the general definition of administration, its position in the system of insolvency law as well as an overview of its historical development. In the second chapter is described the practical usage of this legal institute in the Czech Republic, and this is done through an analysis of applicable law regarding administration but also insolvency proceedings as a whole, as well as analysis of available data regarding the application of administration, probability of its usage as well as positive outcome, in practice. The same is done for England in the third chapter, so the hypothesis can be validated and its causes analysed in the fourth chapter. As a result, the hypothesis has been proven....
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