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Selected issues of the creditor's position in execution proceedings
Kafka, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Kafka Ondřej Diplomová práce 68 ABSTRACT "Selected issues of position of the beneficiary in execution procedure" This thesis is engaged in execution proceedings, especially in procedural position of the entitled subject - beneficiary, it means in procedural relations, the party of which the beneficiary is. In kind of execution is in this thesis analysed just execution on money judgement. Whole matter is observed from the position of beneficiary, as it is foreshown in Chapter One. The main accent is put on the chosen tasks inseperably connected with the position of beneficiary, that are in common standing of executions solved very often. The reason of such kind of specialization is that within positive legal regulation in Czech Republic cannot be solicitation of debts through the execution proceedings considered as troublefree. Chapter Two briefly describes execution proceeding. More detailed despcription is devoted just to relevant differences between the execution realized by executor and per curiam. To the contrary the Chapter Three is focused directly on procedural position of beneficiary pending execution proceedings, e.i. within single stages. Statutory conditions for ordering to execution are than analyzed in closer method. Fourth Chapter deals with selected defects of execution title. Main...
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The Supreme Court and its role within judiciary
Stočesová, Dita ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
93 Supreme Court and Its Role in the Court System Summary The target of my diploma work titled "Supreme Court and Its Role in the Court System" is in particular to inform the readers about the activities, functions and composition of the supreme body of judicial power and to analyse the individual unifying functions of the Supreme Court, i.e. crucial functions from the viewpoint of unification of the decision-making practice of courts of lower instance. I believe that this work provides a complex view of these issues to the readers and contributes to understanding of the essence of this supreme judicial institution and enables the readers to make their own ideas how the Supreme Court is successful in pursuing its mission in a legal state. My diploma work consists of six chapters. The first chapter contains a definition of the Supreme Court of the Czech Republic and a historical outline of its most important stages in the development of decision-making activities since the establishment of the Czechoslovak Republic. The second chapter includes information for the reader about the internal organization of the Supreme Court, which enables the reader to better understand which collective bodies decide on individual matters under the powers of the Supreme Court of the Czech Republic and what is the composition...
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Reorganization and discharge of debts
Figelová, Dominika ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The title of my Master's degree thesis is " Reorganization and discharge of debts". I have chosen this topic because of various reasons. Firstly, I consider the need of special legislation for the insolvency as necessary because the enforcement proceedings can be considered fair when the debtor has sufficient assets to satisfy all creditors' claims. In the case of more creditors who the debtor is unable to meet over a long period, then the enforcement proceedings do not achieve this purpose any more. Property relations between the debtor and his creditors need to be arranged equitably so that the registered creditors will be repaid in proportion to the debtor's assets. Furthermore the subject is very close to me because of a half-year traineeship with a trustee. This is a continuously developing branch of private law, which has undergone a significant change during the year 2014 and I had a chance through my thesis to become acquainted with this amendment of the Insolvency act. The aim of my work is to describe the progress of the insolvency proceedings by focusing on remedial actions. A fair debtor, who is taking such a serious-minded and responsible approach to this proceeding, can start new life without debts and creditors may be get higher monetary payment than they would have received through...
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