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Position of Secured Creditor in Bankruptcy
Krošíková, Pavlína ; Sedláček, Miroslav (referee)
This diploma thesis defines who is considered a secured creditor for the insolvency proceedings purposes and analyses his specific position in bankruptcy and debt relief proceedings, compared to a position of unsecured creditors. The diploma thesis deals with practical issues of exercising secured creditor's rights in insolvency proceedings, including submission, establishment, denial and satisfaction of a creditor's claim. The diploma thesis tries to point out problematical issues of the current legislation, regulating a position of secured creditors in insolvency law. The thesis also compares analysed legal instruments of the Czech legislation with the German or Austrian insolvency regulation. Key words Secured creditor, debt relief, bankruptcy, insolvency proceedings, insolvency administrator, debtor, secured claim, satisfaction of a claim, order of a claim.
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Registration of receivables in insolvency proceedings and their review
Valášek, Vojtěch ; Sedláček, Miroslav (referee)
The purpose of this thesis was to analyze procedure of the creditor in case of insolvency of the debtor with a focus on the process of applying receivables in the insolvency proceedings, reviewing the registered receivables by the insolvency administrator, denying the registered receivables by the entities who have the right to deny receivables and the further fate of receivables that were denied. All this, taking into account the case law that relates to this issue, and in comparison with knowledge from the practical application of insolvency law institutes. The intention of the author was to provide a qualified discourse on the process leading to the determination of the receivable in insolvency proceedings, taking into account the pitfalls that can meet the receivable on this path. The author has divided the thesis into six main chapters, which are further divided into subchapters. The first chapter deals with the phenomenon of insolvency and deals in general with insolvency proceedings and the evolution of insolvency law in the Czech Republic. In the second chapter, the author focuses on the person of the creditor, i.e. the one who participates in the insolvency proceedings in order to satisfy his receivables. This chapter is divided into two subchapters, the first of which deals generally with...
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Class actions
Vlasáková, Tereza ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Class actions In the thesis on the topic of "Class actions", the author first deals with general issues of class actions, their division or individual systems of collective proceedings. In the second chapter, the author focuses on European legislation, specifically the Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law and Proposal for a directive of the European parliament and of the council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC of 11 April 2018. Institutes, which in the current Czech legislation to some extent show signs of collective proceedings, are included and described in detail in the third chapter. The last chapter is a key chapter of the thesis, in which the author deals with the proposed Czech legislation on collective proceedings and compares it with the already adopted German legislation "Musterfeststellungsklage". In the individual subchapters, the proposed Czech legislation is not only compared with the already adopted German legislation, but within the Czech legislation itself, amendments are pointed out that have been implemented within the current...
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Class Actions
Poche, Kristýna ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Class Actions in the Czech Legal Order Abstract A class action makes it possible to deal with similar claims of members of a certain group in a single proceeding, instead of forcing each injured party to assert his or her own claim in a separate proceeding. It is thus an important tool for collective protection of rights. The draft law on collective proceedings, which is currently being debated by the Chamber of Deputies, is the result of many years of discussions on the need to adopt a comprehensive regulation of collective protection of rights - typical especially for common law countries - in the Czech Republic. The original draft law on class actions, published in March 2019, was highly controversial and provoked a wave of sharp criticism, which eventually led to its comprehensive revision, including a change of name. This piece of work aims to compare the key elements of the currently discussed version of the draft law on collective proceedings with the alternatives chosen by legislators in other countries, and especially with the original draft law on class actions. The purpose of the work is to find out whether the Czech legislator managed to remove the most criticized aspects of the original draft law and eliminated the greatest risks arising from the new legislation. The main benefit of this piece...
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Mediation as an alternative dispute resolution
Nováková, Veronika ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Mediation as an Alternative Form of Dispute Resolution, Abstract, Keywords Abstract My Rigorosum Thesis "Mediation as an alternative form of dispute resolution" reflects the legal regulation of mediation in force in the legal order of the Czech Republic, analyses this regulation and subjects it to critical assessment. It is possible to state that mediation and its use has been existing in our society since time immemorial, however it is necessary to point out that modern society got to know mediation better only in connection with its legislative alteration in the Act on Mediation which implemented the Directive of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. Following this circumstance, this alternative becomes supported and mediation services are deliberately used. With regard to the above stated, the purpose of this Rigorosum Thesis is to determine whether the current regulation of mediation in the Czech legal order is efficient or not and at the same time, based on the made analysis, the Thesis proposes how to remove the application as well as interpretation problems contained in the current legal regulation. The Rigorosum Thesis is coherently divided into chapters which logically follow one another and each of them deals with...
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Notary's activity in inheritance procedure
Lukešová, Zuzana ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Notary's activity in inheritance procedure Abstract Intention of this rigorous work is to provide a practical overview of the various tools used by the Judicial Commissioner in the preliminary inquiry into inheritance proceedings and to point out their advantages or disadvantages. This is not a comprehensive overview, as the main focus is on individual records, information systems and lists, with the help of which the Judicial Commissioner finds out the data necessary for the procedure in the proceedings and the issuance of a decision on the merits. The topic of the thesis "Notary's activity in inheritance procedure" with a focus on investigations in individual records available to the court commissioner thus reflects the fast increase of number of records used by the court commissioner, which has occurred over the last ten years. The introduction defines the individual chapters of the rigorous thesis. Therefore, in order to proceed to the very definition of records, their analysis and evaluation, it was considered necessary to first define the term notary, notary office, deputy notary, deputy notary and then the term notary office and notary staff. In order to define the activities of a notary as a court commissioner in relation to other notarial activities, the types of notarial activities were described,...
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Voluntary auction conducted by the distrainor
Jung, Eva ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
Voluntary auction conducted by the distrainor Abstract This thesis introduces other aktivity performer by the distrainor consisting in conducting an auction at the request of the owner or a person authorized to dispose of the thing. At present, it is used mainly by insolvency practitioner to liquidate the assets in the insolvency proceedings. The chosen title of this thesis expresses the main features of this other, less known activity of a distrainor, but it is not a term that would be known and used by any legal regulation valid in the Czech Republic. It is a special type of auction, in some respects similar to a public voluntary sale pursuant to Act No. 26/2000. The distrainor is obliged to proceed in an appropriate manner in accordance with the provisions of the Code of Distraint Procedure and Civil Procedure Code governing the enforcement of a decision, authoritatively granting performance in a situation where it is not performed voluntarily, by execution sale of movable and immovable property. The main difficulty arises in determining the scope and limits of appropriate applicability of individual legal provisions, voluntary auction is regulated by legal provisions used in enforcement sale, The thesis tries to introduce the chosen topic in the theoretical and practical level. The content is compiled...
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Appeal in civil procedure
Bednárová, Veronika ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 Appeal in civil procedure Abstract The presented rigorous thesis deals with the issue of appeal in civil procedure with an emphasis on a contested litigation. Appeal constitutes the only ordinary legal remedy that can be applied in civil procedure according to the effective legal regulation. From the point of view of systematics, my thesis is divided into eleven sections, which are, because of clarity and logical division of individual parts of the discussed issues, further divided into sections and then into articles. The two introductory sections are devoted to more general reflections on the chosen topic. The first section contains an introduction to the issue of the legal review of judicial decisions, specifically focusing on a general interpretation of issues of remedial procedure, remedial systems, and finally the division of remedies into the regular and extraordinary ones. The second section focuses on the historical development of the legal regulation of appeal in the Czech countries, both before 1918, and afterwards. The second part of my rigorous thesis, consisting of the remaining nine sections, is already working with the problem of appeal from the point of view of the currently effective legal regulation. They include the general characteristics of the institute of appeal in civil procedure,...
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Enforcement of non-monetary receivables in an enforcement procedure led by a licensed enforcement officer
Kapitán, David ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
This rigorous thesis deals with what its author considers a rather neglected topic of enforcement of non-monetary claims by licensed enforcement officers. Apart from the introductory and the final sections, it is divided into a total of eleven chapters, in which the author first describes individual methods of enforcing non-monetary claims, then follows with an analysis of their common principles. After a general introduction, the author shortly examines the concept and problematics of enforcement, while the second chapter is dedicated to enforceable titles imposing non- monetary obligations and the third chapter to the commencement of enforcement proceedings. Following chapters then analyse individual methods of enforcing non-monetary claims. The fourth chapter deals with eviction, its preparation, execution and the steps immediately following it; the fifth chapter deals with recovery of unlawfully held property, i.e. the very act of confiscation by the enforcement officer as well as the eventual procedure in case the confiscated property cannot be found; the sixth chapter deals with partition of property, both by its sale and by physical separation. The seventh chapter deals with completion of works and other performances, both substitutable and non-substitutable, while the eight chapter deals...
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Mediation as an ADR method for dispute resolution under private law
Klucová, Monika ; Macková, Alena (advisor) ; Sedláček, Miroslav (referee)
MEDIATION AS AN ALTERNATIVE METHOD FOR DISPUTE RESOLUTION UNDER PRIVATE LAW Mediation has existed in Czech law since 2012, i.e. for eight years. In addition to arbitration, it is one of the two codified methods for out-of-court resolution of disputes under private law. Czech legislators adopted the lex specialis on mediation, i.e. Act No 202/2012 on Mediation, on the basis of the European Union's legislative acts, specifically as an implementation of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. The purpose of this doktoral thesis is to prepare an overview of and offer summary information on the legislation on mediation and the way of conducting the mediation process in the context of both Czech and EU law. The thesis has the following structure: Chapter 1 specifies the problem being addressed and the individual objectives of the thesis. Chapter 2 offers an overview of the basic methods for resolving private disputes. For clarity and overall context it specifies, first of all, the meaning of the term alternative dispute resolution (ADR) methods, and to what the alternative relates. Civil proceedings (civil litigation) are understood to be the legal instrument for private dispute resolution, and...
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