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Legal professions involved in the justice system
Prchlíková, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
My master's thesis titled "Legal Professions involved in the justice system" is focused on a notary public. This chosen legal profession originates from the ancient Rome. In this historical period was constituted a tradition of the profession existing in the continental legal system. Notary public has a specific position among legal professions on grounds of its functions. Notarial activities are patterned on a general legal principle including constitutional conventions (principles). The purpose of my thesis is to analyse and describe a performance of this profession by notaries in their practice. The text of the thesis is composed of seven chapters. The first of them deals with some elementary information about the notary public as a type of legal profession, the difference between legal aid and legal services and eventually the form of regulation of particular professions which are regulated by special Acts such as the Code of Notarial Practice (the Notarial Act). The Chapter Two focuses on the history of this legal profession and the impact on the current form in the Czech Republic. In the Third Chapter titled "A Notary in the legal order of the Czech Republic" I described some key words from their practise and a subject matter, for example a notary (notary public), notarial activity, an...
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Costs of civil proceedings
Písaříková, Markéta ; Winterová, Alena (advisor) ; Macková, Alena (referee) ; Uhlíř, David (referee)
This dissertation thesis is aimed into costs of civil proceedings, especially general costs of civil proceedings and special costs of civil proceedings. Regarding the special costs of civil proceedings it deals with its renumeration (ammount and extent). Existing czech law was compared on given cases with german and english law; economic analysis of existing czech law governing the renumeration or general costs of civil proceedings was went through and as the result the externalities were found and defined with the consequencies the law lead to. The dissertation thesis has found a mathematical formula for calculation of summary renumeration 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 funcioning of civil courts by flood of multicopy-lawsuits and externalities that mean property transfer from wide level of citizens towards to the few individuals (bailiffs). Powered by TCPDF (www.tcpdf.org)
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Court Decisions Making on Upbringing on Minors in Civil Procedure
Novák, Daniel ; Macková, Alena (advisor) ; Frinta, Ondřej (referee)
The rigorous thesis deals with the judicial treatment of the administration of parental responsibility, from the point of view of entrusting of minors into care after brake-up of the parents of the minor, whether it is an unmarried or divorcing couple. The first part of the work summarizes briefly the historical development of this issue, the second and third parts describes the current legislation in detail, that has included the Family law back in the Civil Code and that has specified the non-contentious suit by separate procedural laws. The conclusion contains a brief summary and recommendations.
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Court fees in civil proceedings
Křiváček, Tomáš ; Macková, Alena (advisor) ; Smolík, Petr (referee)
Court fees in civil proceedings - abstract This thesis as its name suggests is dealing with court fees in Czech civil proceedings. The aim of it is especially to describe institute of court fees, indicate procedure of courts in this area in civil proceedings, point to difficulties arising in praxis and to propose its solutions. That all in view of court clerk who operates with court fees most often. The author of this thesis works as an assistant of judge at district court, so he's supposed to be well orientated in this matter. The thesis is divided into three basic parts. The first one is dealing with court fees generally. At first it is explained the term, object and especially functions of court fees continuing by the chapter about sources of law relating to court fees. Then the general elements have turn. It is described who is fee-payer and when the fee obligation occurs. The second part is concerning with institution of exemption from paying court fees, both individually by judicial decision and directly by law. Certain part is dealing with possibility of a free legal adviser appointing which is closely associated with individual fee exemption institute. These institutes actively support the right to free access to court. The third part focus on court fees in civil proceedings itself. That means it...
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Civil distraint for pecuniary performance focused on recourse of immovable assets and of works
Procek, Peter ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with civil distraint for pecuniary performance focused on recourse of immovable assets and of works. The aim of this thesis is critical confrontation of civil distraint for pecuniary, especially performance with application problems, with some reflections of author and partly with the effects of new Civil Code on civil distraints. The first part of the thesis consists of definition of basic forms of distraint proceedings, distraint for pecuniary performance and the process of distraint proceedings. The general part is summarized by sections regarding distraint and community property, and the collison of the bankruptcy and distraint proceedings. Furthermore, this thesis deals with specific forms of distraint for pecuniary performance. Author uses the methods of analysis, deduction and synthesis and compared the examined terms with the Slovak legal order of civil distraint. Definition of the researched forms of distraint accents the influence of recodification of civil law in the form of Civil Code. This part of the thesis also contains particular ways of execution of distraint focused on recourse of immovable assets and of works, and their legal comparison with the Slovak legal adaptation of civil distraint for pecuniary performance. Author considers the adaptation of distraint on...
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Civil procedure and domestic violence
Chalupská, Lenka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The aim of this thesis named "Civil procedure and domestic violence" is to provide an overview of means of civil procedure which lead to protection against this form of violence. Domestic violence is a current topic which deserves a lot of attention. Very often it is unnoticeable and hard to uncover because it happens in privacy. This is why it is necessary not to interrupt efforts to reach the highest protection of endangered persons. Procedural law offers several ways how to reach protection against domestic violence. In this thesis, I define these means of civil procedure, consider their usefulness and indicate their strong or weak points. The thesis gives a detailed description of preliminary injunctions. This procedural means provides victim with almost immediate help and time to make steps in order to settle the situation down. The preliminary injuctions are based on the aspect of surprise, because the violent person does not expect it. However, attention must be paid so that the interference with the rights of violent person is not unproportional. The thesis is divided into five parts. The first part is an introduction which presents purposes and goals of this thesis. The second part introduces a general presentation of the issues of civil procedure and domestic violence. It attemts to define...
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Position of a judge during evidence proceeding in contentious procedure with regard to the practice
Tajovská, Ludmila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The main goal of this master's degree thesis is to provide information about position of a judge during evidence proceeding in contentious procedure with special focus on production of evidence. In the text I often use particular decisions of the Constitutional Court of the Czech Republic and the Supreme Court of the Czech Republic to demonstrate how theoretical legal institutes are applied in practice. I have decided to choose this topic because I am very interested in judge's profession and its practical aspects especially within evidence proceeding. More reasons for my research are stated in the very first introductory part of my theses. The whole theses is composed of three parts and each of them dealing with different sides of evidence proceeding or position of a judge within the meaning of his rights, duties, activity and also responsibility. Part One generally characterizes evidence proceeding and it makes the foundation for following part that is focused on partial phase of evidence proceeding (i.e. production of evidence). This part is divided into four chapters. The first chapter describes contentious and non-contentious procedure and also gives an explanation of main distinctions between these concepts. The second chapter concerns with basic principles of justice and civil procedure. The...
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Civil enforcement and tax enforcement (a comparison)
Černoch, David ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The purpose of my thesis is to compare civil enforcement and tax enforcement. My thesis also investigates which proceedings is more effective. Civil enforcement is the legal proceedings regulated in Act No. 120/2001 Sb. On Executors and Execution Proceedings. Tax enforcement is regulated in different Act No. 280/2009 Sb. Tax Code. Both legal institutions are designated to enforce legal decision with order to pay the money. There are different subjects applies the law in these legal proceedings. The aim of the civil enforcement is enforce a debt for human beings or artificial person, but tax enforcement is used for enforce receivable of state to state budget or to different public budget. I describe this differences in my thesis. The thesis is composed of eight chapters, each of them contains analysis of important parts these legal adjustments. Chapter one is introductory and shows goal and purpose of the thesis. This chapter also explains terms which are used in the thesis. Chapter two focuses on history of civil enforcement and tax enforcement. Chapter three characterizes subjects in the proceedings and is subdivided into four parts. Chapter four is subdivided into four parts too. This chapter explicates the role of court in enforcement proceedings. Civil courts has different significance for civil...
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The institution of discharge with regard to a revising amendment of the Insolvency Act
Taterová, Pavla ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this thesis is to put an interpretation on the institution of discharge with regard to an approval of the Act No. 294/2013 Coll., which changes the Act No. 182/2006 Coll., on decline and its solution strategies (Insolvency Act) and the Act No. 312/2006 Coll., on insolvency administrators (hereinafter referred to as "revising amendment"), to compare the amendment before and after its taking effect, with a main focus on discharge for entrepreneurs and individuals whose debts come from entrepreneurship, and on discharge for spouses. The thesis is divided into five chapters. The first chapter sums up the development of insolvency proceedings and insolvency law from Roman times to the present day. Thanks to this overview, the reader can see that insolvency proceedings and insolvency law are not only contemporary issues and owing to this, we are also able to map the development which led to the Insolvency Act as it stands. The main topic of the second chapter is decline and its solution strategies. As to the decline, I describe its two basic alternatives, insolvency and over-indebtedness. I mention also the imminent decline, which is followed by division of decline solution strategies into rehabilitation and liquidation, offering a brief specification of each of them. The whole third chapter...
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Preliminary ruling in civil proceedings
Klimešová, Kristýna ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This thesis revolves around one of the secure institutions of the Czech civil procedural law which provides the settlement of legal relations on a temporary basis or ensures the possibility of realization of an execution of judgement. The goal of this thesis is to demonstrate a complete summary of Czech legal regulation of a preliminary ruling in a civil proceedings, which can be used in situations that renders immediate solutions necessary and is impossible to hold back until the decision on merits.The thesis is composed of five chapters. The first chapter explicates the preliminary ruling as the civil prodecural law institute and demonstrates the various types of preliminary ruling. The conclusion of this chapter highlights the legal nature of this institute which includes preliminar and temporal settlement of a legal relations between parties to an action. The second chapter briefly outlines the history of the preliminary ruling in Czech legislation. Chapter three, the most important part of the thesis, is concerned with the general preliminary ruling. The structure of this chapter respects the system of a legal provisions contained in Civil Procedure Rules. The third chapter is subdivided into thirteen subchapters. The first seven subchapters illustrates preconditions of a civil procedure of a...
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