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The legal position of a judge
Tichá, Andrea ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The aim of this thesis is to focus on the position of judge as it is established in the law system of the Czech Republic. The author is pursuing the genesis of judge's function, rights and duties of a judge and considerable part of this work is dealing with the principle of judicial independence and impartiality which ensures right to a fair trial. This thesis also marginally summarizes the history of judiciary in Czech Republic.
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Inheritance procedure
Fišerová, Tereza ; Frinta, Ondřej (advisor) ; Pohl, Tomáš (referee)
I have chosen the subject of Inheritance procedure in order to get more familiar with this area of law. With the help of effective legal regulations this thesis was aimed to make a thorough analysis of the inheritance procedure and to find a better solution to some of the problematic aspects of the current legislation. In the introduction I briefly deal with some of the historic events. At the same time, I mention changes which will be introduced by the new civil code. Then, the inheritance procedure is generally charecterised and I deal with the authority and competence of the courts, with the subjects of the inheritance procedure and with its delivery. The next part looks into the process specifically. It includes the following chapters: Initiation, Further progress, Inheritance administrator and the preliminary measures, Preparation of materials for the proceedings, Proceedings, Settlement of the common property of spouses, Inventory of assets and liabilities, Final resolution on the heritage, Overindebted heritage and Corrective tools. The chapters which follow deal with the dependencies among the inheritance, enforcement and insolvency proceedings. In the final chapter I summarize my suggestions which I concluded during the process of writing this thesis, as well as present my own attitude to...
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Evidence (disclosure) in civil proceedings
Tejrovský, Jan ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of my thesis is evidence in civil proceedings. I chose this topic, because evidence is one of the basic parts of the civil procedure and it has a direct influence on court's decision in the matter. The court decides in the matter on the ground of factual findings, which gets within the evidence procedure. That is why the knowledge of evidence procedure is important for practice. The aim of the thesis is to analyse fundamental issues of evidence in civil proceedings and compare theoretical knowledge with judicature of the courts, especially of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. The thesis especially focuses on the issue, how the form of evidence procedure is influenced by principles of civil proceeding. The thesis is composed of seven chapters. Chapter One is Introduction and Chapter Seven is Conclusion. The rest of chapters deals with different aspects of evidence in civil proceedings. Chapter Two deals with basic issues of evidence in civil proceedings. The chapter is subdivided into four parts. Part One defines the basic terms. Part Two describes, which facts are the subject of evidence and which facts are not. Part Three deals with the institutes, which facilitates the evidence in civil proceedings. These institutes are legal...
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Detention proceedings
Andělová, Kateřina ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
The detention proceedings constitutes a heavy intervention into the individual's right to personal freedom guaranteed by the Czech Constitution in a way of involuntary stay in hospital. The basis of present legal regulations of detention proceedings is necessary to see especially in the Czech Declaration of Human Rights And Freedoms (article 8, clause 6) that continues European Convention on Human Rights (article 5, clause 1e) specifying that (only) law constitutes, in which events individual may be kept in a hospital without his acceptance.
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Specific Problems of Law Enforcement Proceedings according to Act. No. 120/2001 Coll. on Private Law Enforcement Officials and Enforcement Proceedings (Law Enforcement Act)
Kořínek, Otakar ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This thesis deals with the specific problems of civil law enforcement (law enforcing the judicial and administrative decisions which are not fulfilled voluntarily) in the legal environment of the Czech Republic effective to 1st October 2012 with focus on the activity of private bailifs (executors). Enforced fulfillment of decisions by the state authority is percepted as rather controversial by the public and media. In the first part of this thesis I concentrate on the most controversial parts of law enforcement. Further, I divide chosen problems into general part dealing with the general concepts of executional proceedings and specific part dealing with specific legal problems attributable to specific kinds of executional proceedings. Other comprehensive part deals with the costs of executional proceedings carried out by the private executors as it has been formed by the decisions of the Czech Constitutinal Court. At the end I concentrate on the comprehensive novelization of the Czech executional law effective as of 1st January 2012.
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Special types of liability in civil law
Paarová, Jana ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
Thesis of the "Special types of liability in civil law" focuses on the regulation of specific types of liability contained in § 421 et seq. Civil Code. The work is devoted to the theoretical interpretation of the concepts of responsibility for damage, reflects the concept of unlawfulness and damages in the principles of European Tort Law, and also deals with the liability regime for damage in the new Civil Code. Theoretical concepts of liability are supplemented by case law, which is completed by these terms. The aim of this thesis is to evaluate the current rules of special types of liability in civil law, especially in the relevance of the new Civil Code, foreign legal concepts of liability and legal responsibility, the principle of European Tort Law, they also discuss the concept of legal changes liability adjustments in the new civil Code.
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Community property of spouses
Grygerová, Jana ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The topic of this thesis is "Community property of spouses". The purpose of the thesis is to compare the current legislation, contained in the Civil Code from 1964 with the legislation, contained in the New Civil Code from 2012. I have chosen this topic because of the recodification of the civil law. The thesis is composed of nine chapters. Chapter One defines the purpose of this thesis. Chapter Two illustrates the conception of property relationships between spouses in the past. Chapter Three defines the term "community property of spouses". Chapter Four deals with the creation of community property of spouses and Chapter Five deals with the object of community property. Chapter Six and Chapter Seven focus on the subject and the modification of community property of spouses. Chapter Eight deals with the settlement of community property of spouses after a divorce of their marriage. Conclusions are drawn in Chapter Nine.
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Selected problems of application of the Insolvency Act
Kulíř, Martin ; Pohl, Tomáš (referee) ; Smolík, Petr (referee)
Selected problems of application of the Insolvency Act On the 1st of January 2008, Act No. 182/2006 Coll. on Insolvency and its Resolution (Insolvency Act), which constitutes the substance of current legal regulation of bankruptcy law in the Czech Republic, came into force. There was a need to adopt new regulation emerged not only as a result of obsolescence of the original regulation, which - despite numerous direct or indirect amendments - was not able to respond adequately to economic changes, but also due to the necessity to adjust bankruptcy law to European legal regulations. The Insolvency Act together with implementing regulations form the basis of an entirely new and complex legal regulation which stands on its own principles, introduces uniform insolvency proceedings for all kinds of resolutions of insolvency and also new forms of insolvency resolutions. In addition to bankruptcy as a traditional and liquidating form of insolvency resolution, the Insolvency Act introduces a reorganisation and a discharge of debts as preservation methods of insolvency resolution which might be more profitable both for the debtor and his creditors. Reorganisation is designated for entrepreneurs, while discharge of debts was adopted as a resolution of state of insolvency of non-entrepreneurs. But this current legal...
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Protection of consumer in arbitration
Prchalová, Aneta ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
1 Resumé Protection of consumer in arbitration Act No. 19/2012 Coll. or consumer amendment of Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral Awards, brings plenty of new institutes which significantly improved consumer's protection from negotiating arbitration clause over arbitration proceeding to enforcement of arbitral award. All these measures were taken to oblige the requirements of European law and the demand of the public which asked for returning of trust in arbitration just by the means of the acceptance of a new legislation, which should prevent its increasing abuse against customers. Before 1. 4. 2012 the legislation was called unsuitable (or even illegal) for the application in consumer dispute. Because the process of the exclusion of disputes with consumers turned as unfeasible, for its consequence would be enormous and unbearable strain for general court, the lawmakers turned to creating almost special consumer regime for arbitration in issues of consumer contracts. Hereby the "consumer" arbitration was significantly distinguished form general adjustment and considerable number of disadvantages was eliminated. In the conclusion, we can claim that after the April amendment the Czech legal system has comprehensive and consistent adjustment of arbitration, which includes also...
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Reorganization with a focus on the procedural aspects of insolvency proceedings
Buchta, Adam ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reorganization with a focus on procedural aspects of insolvency proceedings The legal regulation of insolvency proceedings in the Czech Republic has been subjected to substantial modernization by the Czech act No. 184/2006 Coll., The Insolvency Act. The Insolvency Act comprehensively responds to recent development in the society and economic situation by implementing non-liquidation bankruptcy solutions. The purpose of this thesis is to provide complex insight in to the insolvency proceedings and its components, with a focus on its procedural aspects. The crucial part of this thesis is the analysis of the procedural proceedings, under which the reorganization is carried out. The thesis is composed of ten chapters, each of them dealing with different parts of the procedure. Chapter One generally defines insolvency proceedings as a specific type of civil procedure. Chapter is subdivided into three parts describing the concept and nature of the insolvency proceedings, as well as specific principles by which the insolvency proceeding is ruled by. Chapter Two characterises the entities and participants of the insolvency proceeding while presenting details on their characteristics, capacities and procedural rights. Chapter Three focuses specifically on the decision-making and supervisory activities of...
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