National Repository of Grey Literature 136 records found  previous11 - 20nextend  jump to record: Search took 0.01 seconds. 
Proceedings in Commercial Register Matters
Baloun, Matěj ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Proceedings in Commercial Register Matters Abstract The topic of this diploma thesis is the proceedings in commercial register matters, i.e. proceedings before civil courts on the entries of legally relevant facts in the commercial register. The commercial register is an important institute, especially for business relations involving entrepreneurs, which ensures the transparency of the entrepreneur through the registration of their relevant information and further makes such information publicly available to third parties. In addition to the option of contacting a notary, it is also possible to achieve the required registration in the commercial register through legal proceedings before the civil (so-called register) courts that decide on them. The ambition of this thesis is to describe, analyse and critically evaluate the existing legal regulation of proceedings in commercial register matters, or the current legal status of its important institutes, as well as to point out controversial issues and outline their possible solutions. Furthermore, the aim is to continuously identify the shortcomings of the existing legislation and to prepare the possibilities of their solution. By carrying out a final comparison of the legislation in the Federal Republic of Germany and pointing out its significant aspects, it...
Methods of discontinuance of the enforcement of judgement (execution)
Rousová, Veronika ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Methods of discontinuance of the enforcement of judgement (execution) Abstract The present thesis deals first of all with the analysis of the individual grounds for stopping the execution under the provisions of Sec. 268 (1) (a) - (h) of the Code of Civil Procedure, with attention aimed at (h), which is most influenced by the development of case law, with a focus on executions conducted on the basis of ineligible enforcement titles, which are arbitral awards. The aim of this paper is to carefully analyse these general grounds for putting an end to the execution, as well as the new grounds for stopping the execution brought about by the amendment to the Enforcement Code, which was implemented by Act No. 286/2021 Coll. The purpose of my work, however, was also to point out the current issues in the field of execution, in particular the stopping of execution after it has already ended in recovery, as well as the stopping of execution again on priority grounds after the execution has already been stopped on non-priority grounds, which could have brought less favourable legal effects to the debtor. The first part of the thesis, in which in the first chapter I introduce the institution of the termination of execution, as well as in the second chapter the motion for termination of execution, which initiates the...
The use of artificial intelligence in civil procedure
Hart, Vojtěch Lev ; Kučera, Zdeněk (advisor) ; Sedláček, Miroslav (referee)
The use of artificial intelligence in civil procedure Abstract: The subject of this master's thesis is artificial intelligence and civil procedure. The main goal of this thesis is to analyze the possible uses of artificial intelligence in civil procedure, with emphasis on the decision-making process of a judge. The primary focus of the first part of this thesis is to define artificial intelligence and explore its legal understanding from an international, European, and Czech perspective. Furthermore, the fundamental possible forms through which artificial intelligence can be applied into the civil procedure are examined. Comprehensive analysis of ethical and legal challenges associated with the use of artificial intelligence in civil procedure and judiciary is then carried out. In this regard the thesis first examines the five basic ethical principles outlined by the European Commission for the Efficiency of Justice. Emphasis is placed particularly on the issues concerning the non- transparency of artificial intelligence, specifically addressing concerns related to the black box problems, as well as data bias. The thesis then examines through analysis the impact of these issues on the right to a fair trial. Specifically, the impartiality and independence of judges, adversarial principle, equality of arms,...
Qualified Call for Statement pursuant to Section 114b of the Civil Procedure Code
Krejčí, Adam ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Qualified Call for Statement pursuant to Section 114b of the Civil Procedure Code Abstract This thesis examines the institute of a qualified call for statement as a method of preparation of a hearing on the merits. An integral part of it is also the institute of a fiction of recognition of the claim, which occurs, inter alia, if the respondent fails to properly and in time comply with the qualified call for statement. If the aforementioned fiction is applied, the court shall decide on the matter without further delay by a judgment of recognition. The primary purpose of the qualified call for statement is to fulfil one of the fundamental principles of civil procedure, the principle of expeditious proceeding as one of the elements of the constitutionally guaranteed right to a fair trial. We refer to the qualified call for statement specifically with regard to the enhanced requirements which the respondent's response has to meet in order to properly comply with such a call. The characteristic feature of this institute is the strengthening of the principle of formal truth over material truth, since as a result of potential inactivity on the respondent's side, the proceeding is curtailed by the non-realisation of a wide range of procedural principles and the adversarial proceeding therefore ex lege and de facto...
Attorney's remuneration in relation to the costs of the proceedings
Vávra, Vojtěch ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Attorney's remuneration in relation to the costs of the proceedings Abstract This master's thesis focuses on the topic of methods of determining the attorney's remuneration for his provision of legal services, the relationship of this remuneration to the compensation for the costs of civil proceedings and a collision of Section 149 subsection 1 of the Act No. 99/1963 Coll., Act on Code of Civil Procedure with Section 10 subsection 6 of the Resolution of Board of the Czech Bar Associaton No. 1/1997 Bulletin laying down the rules of professional ethics and rules of competition for attorneys in the Czech Republic (Code of Ethics) and it was to understand this conflict that the aforementioned institutes had to be explained. The thesis is divided into five chapters. The first chapter deals with contractual attorney's fees, their types and the sources of this method of determining attorney's fees. The subsections of this chapter also introduce the pro bono institute and the recent case law of the CJEU concerning the conditions for determining the contractual remuneration of an attorney providing legal services to a consumer. The second chapter deals with the so-called non-contractual attorney's fees. Specifically, it describes the basic mechanisms for determining an attorney's non-contractual fee through the...
Incidental disputes in insolvency proceedings
Valdová, Lucie ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
The master's thesis deals with incidental disputes that arise and are decided within individual insolvency proceedings. The aim of this master's thesis is to develop a comprehensive interpretation of the issue of incidental disputes and to analyze their specifics, mainly because there are not many publications dealing comprehensively with incidental disputes in insolvency proceedings. With regard to the connection of incidental proceedings with provisions governing general civil court proceedings, a certain unsystematic nature of the insolvency law and a large amount of case law, the absence of such publications can cause interpretation and application difficulties. The first part is aimed at the general interpretation and characteristics of insolvency proceedings, bankruptcy and incidental disputes, including their positive list, which can be found in § 159, paragraph 1 of the Insolvency Act. The second part of the master's thesis is focused on the course of the incident dispute, from its initiation to the special regulation of the insolvency law regarding the reimbursement of legal costs. A separate chapter addresses the possibility of continuing an incidental dispute after the insolvency proceedings have ended. In the second part of the diploma thesis, the relationship between incidental...
Payment order procedures
Blažek, Martin ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Payment order procedures Abstract This diploma thesis is thematically focused on payment order procedures which represent a way to enforce a monetary claim in civil court proceedings in a simpler, faster and more effective way. Its aim is to provide an analytical view of the chosen topic, point out and comment on problematic aspects of the current legislation and take a position on the intended future legislation. The diploma thesis is divided into six chapters. Chapter No. 1 provides a basic introduction to the chosen topic when it offers a brief look at the history and specifies the concept of payment order procedures in more detail. Chapter No. 2 elaborates a regular payment order in detail, starting with the characteristics of the prerequisites for its issuance and ending with its legal power and enforceability. Chapter No. 3 deals with the electronic payment order, the introduction of which into the legal system is seen as the initial beginning of the planned electronization of the Czech justice system; within the framework of this chapter, with regard to the nature of the electronic payment order, its differences from the regular payment order are particularly pointed out. The focus of Chapter No. 4, which is systematically arranged similarly to Chapter No. 2, is the European payment order which,...
Specifics of disputes on the substitution of the will of the obliged person under the Land Act
Štorkán, Radek ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Specifics of disputes on the substitution of the will of the obliged person under the Land Act Abstract This thesis deals with the nature and effects of the judgments as a basis for transferring ownership of corresponding lands as a replacement for lands to which the ownership right could not be restored. The aim is also to give a comprehensive interpretation of the specifics of replacement disputes and at the same time to analyse whether these specifics determine the constitutive nature of replacement judgments. In order to be consistent and complete, the thesis focuses on procedural issues as well as, to the extent necessary, on related substantive issues. The thesis also analyses and evaluates the legal opinions of the case law, which the author also confronts with competing considerations, legal opinions and his own reasoning. The thesis is divided into eight chapters. The content of the first chapter is devoted to a necessary and brief introduction to the issue of agricultural restitution under the Land Act. This matter is necessary to understand the context and the basis for the discussion of disputes for the substitute enforcement of the restitution claims. This chapter also deals with the creation of a restitution claim and the procedures for its enforcement. The second chapter discusses the...
Tax administrators' claim in insolvency proceedings
Ulvr, David ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Tax administrators' claim in insolvency proceedings Abstract The thesis deals with the claims of the tax administrator in insolvency proceedings. As this is a complex and very broad issue, the thesis focuses on a more detailed analysis of two major cases in which the tax administrator acts as a creditor in insolvency proceedings. Specifically, these are cases where the tax administrator acts as a secured or preferential creditor. The thesis also analyses the data provided by the tax authorities on the basis of questions sent to them. The thesis is divided into two chapters. The first one deals with the tax administrator as a secured creditor. First, the advantages of the secured creditor status in insolvency proceedings are explained. The substantial part of the chapter is devoted to the creation of the tax administrator's pledge, which differs from the general pledge. The thesis reflects on what tax claims can be subject to a pledge in the context of the new case law of the Supreme Administrative Court. This chapter also explains the possible impact of the commencement of insolvency proceedings on the duration of the pledge. The chapter also deals with the conflict between the Insolvency Act and the Civil Code regarding the order of creation of a pledge and presents possible solutions. The next subchapter...
Extraordinary remedies in the civil procedure system]
Bělohoubek, Karel ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
[Extraordinary remedies in the civil procedure system] Abstract This thesis deals with the Czech system of extraordinary remedies in civil proceedings, not only with their historical genesis and current functioning, but also with a focus on current issues related to them, especially in connection with the forthcoming recodification of civil procedure. The thesis is structured into chapters and is divided into a general part and a special part. In the general part, which includes chapter one, the author attempts to define the basic issues of extraordinary remedies and their distinction from ordinary remedies. Attention is thus paid to the subject of legal force, systems of appeal and the definition of types of defects in decisions, which can be used to distinguish one extraordinary remedy from another. The general part also includes a historical excursion into the legal regulation from the Civil Procedure Code of 1895 to Act No. 404/2012 Coll., which fundamentally changed the admissibility of appeals. The general part concludes with a clarification of the issue of the competition of extraordinary remedies and a comparison with the Slovak system in the light of the current recodification of civil procedure here. The special part, which includes chapters two to six, is introduced by a description of the...

National Repository of Grey Literature : 136 records found   previous11 - 20nextend  jump to record:
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