National Repository of Grey Literature 625 records found  beginprevious369 - 378nextend  jump to record: Search took 0.00 seconds. 
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...
Insolvency proceeding from secured creditor point of view
Chovanec, Ondřej ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This thesis deals with insolvence proceedings from secured creditor point of view. Opening chapter is devoted to historic development of bankruptcy law. Main part of this thesis describes insolvency proceedings from insolvency petition to logdement of claim to monetary satisfaction of secured creditor's claim. Closing chapter deals with bankruptcy law de lege ferenda. Focus is set on practical issues occuring in praxis.
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...
Consumer Arbitration in the Czech Republic and in the European Context
Musil, Ondřej ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Presented thesis called Consumer Arbitration in the Czech Republic and in the European Context deals with, as the title indicates, Arbitration in the disputes emerging from consumer contracts not only in the Czech Republic, but also in the legislation of the European Union, in the practice of the European Court of Justice and in addition it introduces for comparative purposes legislation of three selected European countries - Germany, Austria and Sweden. This thesis deals with the development of the Arbitration in the Czech Republic especially with regard to Consumer Protection. Major bolster of the position of the Consumer happened on the grounds of Act (Amendment) No. 19/2012 Coll., which brought some significant changes in this area. In order to keep this thesis coherent, the author describes all aspects of Arbitration, which are subject of the Arbitration, Arbitrability, Arbitration Agreements, Arbitrators, course of the Arbitration, Arbitration Awards, Enforcement of Arbitration Awards and their reversal by the state courts. This thesis also deals with the influence of the legislation of the European Union and devotes space to several European regulations, especially to the essential one - Directive 93/13/ECC on unfair terms in consumer contacts. Thesis also describes the most significant...
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...
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...
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...
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...
Notice of termination of tenancy
Gazdová, Mária ; Švestka, Jiří (advisor) ; Pohl, Tomáš (referee)
This thesis deals with a fragment of lease law as the institute of the civil law, specifically with the legislation on the notice of termination of tenancy. The aim of this work is to acquaint the reader with this issue in logical connections primarily on the base of legal regulations, Superior Court practice and commented laws. The introduction of the thesis is dedicated to the tenancy as a general institute, which is conceived as a protected one in the Czech law system. Further, there is given a brief description of the development of the legal regulation of the tenancy throughout the history, more precisely the notice of termination of tenancy. It is described from the period of Roman law through The First Republic and the occupation, through the period of socialism and totalitarianism up to the current legislation. The focus of this thesis is the analysis of particular notice reasons which are divided into two basic groups - the notice with the court's permission and the notice without court permission, where both interpretations - interpretations of legislation valid until May's Civil Code amendment effect as well as interpretation of legislation after its effect - are approached. The thesis has a compilatory character, while using not only analytical scientific method, but also the method of...
Actual problems of computerization of insolvency proceeding
Petrů, Jana ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
v anglickém jazyce This diploma thesis deals with analyzation of actual problems of computerization of insolvency proceeding. The main topics are publishing information in insolvency register, delivering through the data mailboxes and insolvency register and form and requirements of insolvency proposal. The main goal is to elaborate problems relating with computerization of insolvency proceeding, comparing differences between computerization of civil proceeding and insolvency proceeding and bringing solution of this problems.

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