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Preliminary measures in civil proceedings
Turková, Lenka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The presented master's thesis on the "Preliminary measures in civil proceedings" deals with the institute of preliminary measure in the civil procedure as a measure, which provisionally ensures the rights of natural or legal persons. The preliminary measure is used in such situations, where there cannot be awaited until the final decision in the case is issued, with regard to the threats to individual rights or with respect to the concern, that the enforcement of the court decision is threatened. The aim of this thesis is to provide the reader with the complex overview of the information about the preliminary measure, both about the so called general preliminary measure governed by the Act No. 99/1963 Coll., Code of Civil Procedure and about the so called special preliminary measures governed by the Act No. 292/2013 Coll., on Special Court Proceedings. The master's thesis is structured into five chapters. The first chapter refers to the historical development of the preliminary measure in our territory and provides general information about this institute and its purpose. The second part is focused on the general preliminary measure's issues. In this chapter, the author describes the procedure on proposal on order of this type of preliminary measure, the duration of preliminary measure and the...
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Divorce proceedings
Neumanová, Nikola ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The subject matter of my Master's degree thesis is the issue of divorce proceedings. The main aim of this thesis is to put an interpretation on the currently effective legislation on divorce proceedings and divorce itself as it follows mainly from Act No. 292/2013 Coll., on Special Judicial Proceedings and Act No. 89/2012 Coll., the Civil Code. Divorce is the only legally permissible way in the Czech Republic how to terminate marriage within both spouses' lives. It leads to severe legal consequences affecting not just spouses themselves but alternatively their legitimate children as well. Therefore it requires a set of special rules and special proceedings so that courts may ascertain the presence of the irretrievable breakdown of marriage which only justifies allowing divorce and decide spouses' personal and property relations in connection with divorce. This thesis is divided into five parts which all bear certain relation to divorce proceedings. The first part provides an overview of divorce regulations throughout Czech history up to now. The second part firstly addresses the relation between substantive law and procedural law regarding divorce. Subsequently, it focuses on substantive legislation on divorce in the Czech Republic. All local possible types of divorce, the divorce ground and results...
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The Role of Lawyer in a Civil Trial
Sedláček, Miroslav ; Macková, Alena (advisor) ; Winterová, Alena (referee) ; Vychopeň, Martin (referee)
This thesis looks at the role of the lawyer in a civil trial. This should always be conceived as the lawyer as a legal expert contributes to the carrying out of justice and also the basic objective of the civil trial being realised, i.e. securing effective protection of the rights and legally protected interests of individual persons. The thesis gives basic premises which in particular involve definitions of civil trial terms and the status of the lawyer, including the historical context of the development of the lawyer role within Czech territory. The main part of the thesis then looks at individual methods for representing parties in civil trial proceedings and the role of the lawyer is his different tasks. A comparison is further made with representation in proceedings before the European Union's Court of Justice. In the lawyer's professional activities, the observance of certain ethical principles which should be referred to in their work, as well as the basic premise of lawyer responsibility, also plays a role. The thesis' conclusion considers the opportunities of de lege ferenda in the lawyer's trial with the goal of noting the benefits in particular, but also the drawbacks of this solution. KEYWORDS Lawyer, civil trial, lawyer's trial
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Incidental disputes in proceedings for the enforcement of decision
Nešporová, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The theme of this diploma thesis is the Incidental disputes arising from the proceedings for the enforcement of judgments (execution). This topic is very actual because of the increasing number of execution proceedings. The aim of this thesis was to present the category of incidental disputes in general and further present the incidental disputes that may arise in execution proceedings complexly, outline their position in legal code, and describe their purpose, nature and features that are typical for them. Apart the introduction and conclusion the thesis contains eight chapters in total. The first chapter deals with the category of incidental disputes in general and their classification, wherefore is further divided into three subchapters, where is generally dealt with the concept of incidental dispute, further subchapter is focus on the proceedings for the enforcement of judgments and execution proceedings including the brief outline of their historical progress. The end of the first chapter is related to the general and specific principles, on which the execution proceedings is built. The second chapter is dedicated to the incidental disputes in execution proceedings, or rather executional disputes and their classification from various points of view, especially the classification into disputes...
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Entities of execution proceedings.
Schmidtová, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
I have chosen the topic of this diploma thesis for its relevance. The number of ordered executions is still high and the ratio between rights and obligations on the part of individual subjects of the execution proceeding is unclear. The diploma thesis discusses subjects of the execution proceeding according to the Execution Procedure Act. It analyses who can be subject and participant of the execution proceeding, the status of the subjects, their role in execution proceeding and also their rights and duties. The aim of the diploma thesis is to compare the position of individual subjects, describe how the execution can affect lives not only of the obligated and entitled subjects but also lives of third parties and to elaborate on future legislation. The diploma thesis is, except for the introduction and the conclusion, divided into ten chapters. The beginning is devoted to general questions regarding subjects and participants of the proceeding and the proceeding itself. Then it discusses individual subjects of the execution proceeding. The last chapter focuses on the discussion about future legislation.
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Order to Pay Costs of Jundgment Enforcement
Krejčová, Jana ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Thesis Order to Pay Costs of Judgment Enforcement describes the most important aspects of judgment enforcement proceedings in relation to its costs and decisions about them, with focuses in more detail on the order to pay costs of judgment enforcement, as a specific mean of bailiff's decision. The first part deals with the judgment enforcement in general. There are explained the basic concepts relating to enforcement proceedings, which the thesis deals with, presented sources of enforcement law and for a better understanding to these chapters and necessary insight, there is also briefly outlined the actual course of enforcement proceedings. The thesis in its second part deals with the costs that the bailiff decides about with order to pay the costs of judgment enforcement, which are therefore essential part of the paper. Since the cost of judgment enforcement are widely discussed as very hot topic, the thesis deals with them in a more detailed way, taking into account not only the laws but also the case law regarding the amount and its compensation. The third part describes the actual area of bailiff decisions of cost of judgment enforcement and deals with different types of decisions, which determines the costs, depending on how the judgment enforcement proceeding ends. It deals with not only the...
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A notary in the legal order of the CR
Rodová, Hana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The aim of my master's thesis titled "A Notary in the legal order of CR" is to completely describe role and position of notary public on in our republic. This legal profession has a deep roof in history and long tradition and today is very credible in public view. Position of notary is very special primarily because some results of notarial work are considered as public documents. This is consequence of deputation public competence from the stat to notary, nevertheless notary remains liberal profession. The thesis is composed of seven chapters. Chapter One is introductory and describes historical circumstances, next today's valid and relevant legislation, of which is the most important "Notarial Procedures". Chapter Two in the first place deals with statutory requirements for the notary's function. Then defines basic terms and principles as: notarial work, notarial office, impartiality and independence of notary. Chapter Three is subdivided into many parts, each of them dealing with different aspects of notarial activities. Main and crucial activities are: preparation of notarial record on legal acts, certifying of legally significant facts and declarations, court commissariat. This chapter is the most comprehensive and provides complete summary about everything, what notary is doing. Next chapter closely...
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The costs of civil dispute proceeding
Kratochvílová, Jitka ; Macková, Alena (advisor) ; Smolík, Petr (referee)
This thesis named "The costs of civil dispute proceeding" focuses on the costs of civil dispute proceeding. After a general introduction of the topic, the costs of civil dispute proceeding are divided into two chapters - the costs that arise prior to the beginning of the proceeding and the costs that arise after the proceeding begins. The main chapters of the first part of this thesis are chapters dealing with court fee and lawyer fee. The second part of this thesis concentrates on the difference between paying and compensating the costs of proceeding, the issue of deciding on costs, together with the right of court not to compensate the costs of proceeding as they should be compensated under normal circumstances. The final chapter gives a comparison of the costs of civil dispute proceeding between Czech legislation and the legislation of the states that share borders with the Czech Republic and finally it describes shortly the costs of proceeding at the European Court of Justice.
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Execution of a foreign judgment in the Czech Republic
Ochmannová, Lenka ; Macková, Alena (advisor) ; Pauknerová, Monika (referee)
Execution of a foreign decision may be enacted in the Czech Republic in several ways. The first is the execution order without any further, it is also an execution order following the declaration of enforceability, after an execution order following a decision to recognize a foreign judgment. The last option is to order the execution of the Act on Private International Law. In some cases, enforcement may be completely excluded. After an execution order execution has been carried out according to Czech legislation. The problem may occur with delivery abroad or with legal representation. Also, an execution order by the arbitration award has its own rules. Powered by TCPDF (www.tcpdf.org)
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Creditors in insolvency proceedings
Fiedlerová, Dana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of my thesis is the study of creditor status during insolvency proceedings. My objective is to provide a description of the current legal regulations of creditors and their receivables in insolvency proceedings with a focus on specific problems that may arise during the process of the collection of receivables during insolvency proceedings. I also refer to various principal court decisions dealing with these issues. The aim of this thesis is not to present a comprehensive description of all creditor related issues, but to provide a general summary of the relevant processes and to present the most common practical problems and their solutions.
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