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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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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...
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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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Benefit of creditor in civil proceedings
Netušil, Jiří ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Benefit of creditor in civil proceedings is the topic of the thesis. The benefit of creditor is defined for the purposes of this thesis as a complex of three conditioning factors - the strictness of legislation, the representation of creditor by a lawyer and the passivity of the defendant debtor. Selected institutes of civil proceedings are then measured against the principle of equality of the parties as a fundamental principle of the civil procedure. The thesis, which has introductory and closing chapter too, is divided into five chapters, whose aim is the analysis of civil procedure and its various institutes in terms of potential, but also the real benefit of the creditor as plaintiff. The rigorosum work also includes selected institutes in the first phase of the civil procedure, which is the main part of the work, then deals with selected questions of notarial record with consent to execute, an arbitration procedure, execution and insolvency proceedings.
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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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Proceedings relating to decedent's estate
Chvalinová, Barbora ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The title of my Master's degree thesis is "Proceedings relating to decedent's estate". I have chosen this topic because of many reasons. Although it is a traditional institute of civil procedure law, the topic is still very actual with regard to the new legislation in the Act No. 89/2012 Coll., The Civil Code, which was a significant extension of inheritance law, and the related procedural legislation in the Act No. 292/2013 Coll., on special judicial proceedings. Another reason is that I find this topic interesting, mainly because of its complexity and significant blending of procedural and substantive legislation. Since participation in inheritance proceeding is an inevitable issue in person's life, I wanted to extend my knowledge of the new legislation. Moreover I find this topic wrongfully overlooked in advocacy, to which I would like to head after graduation. The aim of the thesis is to describe the course of proceedings relating to decedent's estate and to show the different stages of the procedure and also include important substantive aspects and institutes which affect this procedure in the extent necessary. With regard to the adoption of new legislation I tried to highlight the most important changes and differences between the new legislation and legislation effective until 31. 12. 2013,...
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Reimbursement of costs of proceedings in petty cases
Zuska, Pavel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis is to point out the increase of the amount of the petty cases, to analyze its reasons, to describe the development of the relevant legislation and case law and to deal with some main legal arguments related to the issue of the reimbursement of the costs of proceedings in petty cases. The reason for my research is mainly its topicality and rapid evolution in a few past years. The boom of the mass claim recovery realized by the specialized "debt companies" was the reason of the legislative amendments and led to the ground-breaking decisions of the Constitutional Court, which resulted in the repeal of the regulation No. 484/2000 Coll. The thesis is composed of the introduction, four chapters and conclusion. The introduction is focused on the reasons of my choice of the topic and on the definition of the specific kind of petty cases my thesis is related to. Chapter Two provides the general overview of the institute of reimbursement of costs of proceeings, examines the varieties of the costs of proceedings, explicates the general principles the reimbursement of costs of proceedings is based on, explores the remedies and deals with the reimbursement of costs of enforcement proceedings. Chapter Three describes the growing amount of the petty cases, analyzes its reasons and reviews...
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Legal occupation in the judiciary and their interrelationship.
Kramer, Jaroslav ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of this thesis focuses on various legal professions within the Czech Republic, such as attorneys, notaries, bailiffs and judges. These occupations are often associated with civil judiciary process. The purpose of this thesis is to define the foundations of their legal status, including the scope of their activities, and how they differ. Additionally, the thesis focuses on the role of individual professions. Firstly, important elements, such as confidentiality, independence, autonomy or responsibility will be analyzed. Secondly, the thesis will address significant problems in defining the role of the legal profession. Finally, the thesis will include several challenges lawyers face in the 21st century, for example, the provision of legal services by non-professionals. Powered by TCPDF (www.tcpdf.org)
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