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Bankruptcy of financial institutions
Urbanová, Irena ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Bankruptcy of financial institutions Abstract The topic of the thesis is the bankruptcy of financial institutions. The thesis deal with bankruptcy of financial institutions, which are defined in the Insolvency Act, int its § 2 paragraph k). These include banks, credit unions, securities dealers, insurance companies and reinsurance companies. Given the potential system-wide impact of the bankruptcy of financial institutions and also for the reason a large number of creditors, special legal regulation on the insolvency of financial institutions is necessary. The special legal regulation of bankruptcy of financial institutions can be found in the Part Two of Title IV of Insolvency Act. The main focus of the work is the differences of insolvency proceedings in financial uinstitutions from standard insolvency proceedings. Depositors usually represent the majority of creditors of financial institutions and therefore are afforded increased protection in insolvency proceedings of financial institutions. This protection is based on the deposit insurance system, which in Czech legal environment is represented by the Guarantee System Deposit Insurance Scheme and the Securities Dealers Guarantee Fund, and also in the automatic registration of claims arising from the insolvent debtor's accounts. Special role in the...
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Resolution of consumer disputes from insurance with focus on comparison of judicial and selected alternative dispute resolution methods
Škrobánková, Sabina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Resolution of consumer disputes from insurance with focus on comparison of judicial and selected alternative dispute resolution methods Abstract The diploma thesis focuses on comparing judicial and alternative dispute resolution methods of resolving consumer disputes from insurance. Financial arbitration and the proceeding held by Office of the Ombudsman of the Czech Insurance Association were selected as alternative dispute resolution methods. The author characterizes these institutions and the court as the guarantor of the constitutionally guaranteed right to judicial protection. Furthermore, the work analyzes judicial and selected alternative dispute resolution methods in insurance disputes, with the consumer on one side, and on the other side, the insurance company or insurance intermediary. The individual proceedings before the selected institutions and the court are primarily analyzed from the perspective of the participants, especially consumers. The work is divided into four chapters, structured as follows: The first chapter defines key terms such as insurance, insurance contract and its parties, as well as other persons and entities involved in the contractual relationship, entrepreneur, consumers, and consumer disputes related to insurance. The chapter concludes with a brief typology of consumer...
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Incidental disputes with the focus on ineffectiveness and contest of legal acts
Kvasničková, Barbora ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Incidental disputes with the focus on ineffectiveness and contest of legal acts Abstract The rigorous thesis deals with the topic of incidental disputes, focusing on ineffective and contestable legal acts. Incidental disputes are conflicts triggered by insolvency proceedings, as stipulated by insolvency law, and are adjudicated within the framework of insolvency proceedings. Managing incidental disputes represents one of the pivotal activities of an insolvency administrator. This work is divided into 7 chapters. The first chapter provides an introduction to the issues of incidental disputes defined in the insolvency law and general rules for the management and adjudication of these disputes. The second chapter is dedicated to general provisions regarding the ineffectiveness of debtor's legal acts under insolvency law and the obligations of persons to return performance from ineffective legal acts. The third chapter outlines practical procedural information related to the management of incidental disputes based on the opposition lawsuit filed by the insolvency administrator. The fourth chapter meticulously characterizes the factual nature of debtor's ineffective legal acts without adequate consideration. The fifth chapter deals with the factual nature of debtor's preferential ineffective legal acts. The...
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Attorney's confidentiality
Řípa, Jan ; Pohl, Tomáš (advisor) ; Střeleček, Tomáš (referee)
1 Abstract (eng) This thesis deals with attorney confidentiality which is the main standard of independent advocacy. First chapter of this thesis discuss the role of attorney in the society and consist of three subchapters about the fundamental right to legal aid, advocacy as freelance profession and about the role and status of advocacy in the law system. The second chapter introduces three main pillars of modern advocacy such as independency, autonomy and confidentiality. Each subchapter of this chapter contains one of the main pillars. The third chapter is exclusively devoted to attorney confindetiality. This part is divided into three subchapters, of which the first focus on historical developement of attorney confidentiality since the beginnings of advocacy to the modern age. The main theme of second subchapter is the explanation of the range of confidentiality, such as personal, factual and chronological scope. Third subchapter analyses main legal fields which touches and regulates legal confidentiality in advocacy. Specifically about advocacy, civil, crime, administrative and financial law. The fourth chapter of this thesis describes in detail very specific cases in which breach of attorney confidentiality is necessary and is expressly assumed, such as confidentiality waiver, cases of granting of...
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Bankruptcy of financial institutions
Urbanová, Irena ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Bankruptcy of financial institutions Abstract The topic of the thesis is the bankruptcy of financial institutions. The thesis deal with bankruptcy of financial institutions, which are defined in the Insolvency Act, int its § 2 paragraph k). These include banks, credit unions, securities dealers, insurance companies and reinsurance companies. Given the potential system-wide impact of the bankruptcy of financial institutions and also for the reason a large number of creditors, special legal regulation on the insolvency of financial institutions is necessary. The special legal regulation of bankruptcy of financial institutions can be found in the Part Two of Title IV of Insolvency Act. The main focus of the work is the differences of insolvency proceedings in financial uinstitutions from standard insolvency proceedings. Depositors usually represent the majority of creditors of financial institutions and therefore are afforded increased protection in insolvency proceedings of financial institutions. This protection is based on the deposit insurance system, which in Czech legal environment is represented by the Guarantee System Deposit Insurance Scheme and the Securities Dealers Guarantee Fund, and also in the automatic registration of claims arising from the insolvent debtor's accounts. Special role in the...
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Family meditation in the Czech republic
Fišerová, Rebeka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis aims to introduce mediation as one of the alternative dispute resolution methods, specifically focusing on its application in the field of family mediation. In the initial part of the thesis, mediation is described, involving its scope, process, and legal regulations in the Czech Republic, in the European Union, and internationally. Following this, family mediation, its objectives, and specific aspects are introduced. The subsequent section conducts a comparative study between family mediation and court proceedings in family law disputes. The study seeks to compare both methods of dispute resolution and to determine whether mediation can be a more effective solution for family law disputes. The areas chosen for comparison are the entrusting the child to the care of another person, the settlement of community property, and the determination of child support. In each of these cases, a comparison is made regarding the initiation of proceedings, their course, duration, the financial difficulty, and the enforceability of the resulting solution. The findings of the comparative study support the hypothesis that mediation can be a more effective approach to resolving family law disputes. Mediation generally offers a faster and more cost-effective solution compared to court proceedings, especially in...
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Motor third party liability insurance
Šmíd, Jan ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
1 Abstract Motor third party liability insurance The diploma thesis deals comprehensively with the issue of liability insurance for damage caused by the operation of a vehicle - the most important compulsory contractual insurance in the Czech Republic, focusing on the creation of the obligation of the damager to compensate for damage caused by the operation of the vehicle and the subsequent creation of the right of the injured party to insurance benefits. The aim of this thesis is a comprehensive solution of the situation arising as a result of a traffic accident caused by a combination vehicle, the individual parts of which are insured by different insurers and a description of the legal relations between the individual entities. To this end, the thesis is divided into four chapters. In the first chapter of the thesis, the institution of insurance is generally defined, as well as the basic concepts associated with this institution. In the second chapter of the thesis, an interpretation of the creation of the duty of the tortfeasor to compensate for the damage is given, focusing on the damage arising in connection with the operation of vehicles, including an interpretation of closely related issues to the tortfeasor's duty to compensate for the damage. Subsequently, the current legal regulation of liability...
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Liability of the insolvency administrator for damage or other loss
Hunal, Jakub ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Liability of the insolvency administrator for damage or other loss The topic of this thesis is the liability of the insolvency administrator for damage or other loss and its aim is to elaborate this topic in detail and to highlight the interpretative issues. The focus of the thesis is the analysis of the division of possible claims for compensation for damage or other loss against the insolvency administrator and the disputes arising from them. In the thesis I divide these claims into individual claims, i.e., claims that arise from the relationship between a particular claimant and the insolvency administrator, and claims that are related to the estate. In the case of these claims, their specificity is explained. The second division of claims is into claims that can be resolved through the application of the general provision on the insolvency administrator's liability for damage or other loss (§ 37 IZ) and claims to which this basic provision cannot be applied. Subsequently, the individual aspects of liability (prerequisites for the obligation to compensate for damage) are discussed, taking into account the specifics of the individual disputes. The nature of the individual prerequisites for liability and their relationship to the other prerequisites are always explained. The procedural aspects are...
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Status of a secured creditor in insolvency proceedings
Šámal, Patrik ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Status of a secured creditor in insolvency proceedings Abstract This thesis focuses on the analysis of the insolvency proceedings from the perspective of the secured creditor from its commencement to its conclusion, with the aim of assessing the effectiveness of the applicable legislation and the position of the creditor in the insolvency proceedings. The thesis does not deal with a comprehensive analysis of the position of the secured creditor, but focuses on the key milestones of the insolvency proceedings and related interpretative ambiguities. The interpretation and application of these provisions are often problematic and require a deeper understanding of the basic legal principles of insolvency law. This paper aims to clarify these problematic areas with reference to relevant case law. The thesis assumes that creditor behavior is based on the economic theory of human behavior, which is based on the assumption of rational behavior and the desire to maximize one's own benefit. The thesis consists of five main chapters. The first chapter focuses on the general meaning of creditors in the context of insolvency proceedings and the requirement for their plurality that arises from the definition of the shared goods problem. Next, the institute of secured creditor under Section 2(2)(g) of the IZ, which has a...
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Guide to the Obligation to Instruct in Civil Proceedings
Fliegel, Ondřej ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
58 Abstract Guide to the Obligation to Instruct in Civil Proceedings The thesis aims to create a comprehensive guide to the court's obligation to inform participants in civil litigation. Translated work aims to familiarize the readers, regardless of their legal education, with the procedural and legal concept of informing, in accordance with the various stages of the proceedings. In the introductory part, the author presents theoretical part of the selected foundations of the civil court's obligation to inform, but most of the attention is devoted to the guide itself. In the practical chapters, the author describes the individual stages of the contentious civil proceedings, explaining the court's obligations to inform in each phase. The thesis also includes an analysis of informing during appellate and cassation proceedings. The thesis is primarily based on judicial jurisprudence, particularly that of the Constitutional Court and the Czech Supreme Court, which provides a practical insight into the contemporary understanding of the obligation to inform. In addition, the author relied on monographs, university textbooks, legal journals, and extensively utilized commentary literature as sources of information. For selected topics, the author also offers his own perspective on the issue and subjects it to...
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