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Discharging debts as a new phenomenon of insolvency law
Kožená, Michala ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This work intends to analyse current normative regulation of the institute of discharging debts, interpreting relevant provisions and point out some actual problems, which are dealt with in the judicial practice and that arise as a result of application of some statutory provisions in the process of solving bankruptcy problems of a debtor by the ways of discharge from debts. The doctoral thesis deals with institute of discharging debts as new a preservation method of solving debtor's bankruptcy situation, brought to the Czech legal system by the Insolvency Act. Beside chapters focused on discharging debts as a main subject of this Thesis, other chapters are concerned with the history of bankruptcy law including Act on Bankruptcy and Settlements and its comparison with the amendment contents in the Insolvency law. Still other chapters contain explanation of the basic concepts of Insolvency law such as bankruptcy, impending bankruptcy, insolvency, atc., brief description of the course of Insolvency proceedings including Insolvency proposals issuing from the judicature view, and some particular ways of solving a debtor bankruptcy. With regard to the fact that discharging debts is impossible to interpret independently of Insolvency proceedings as it is whit spacific deviations pervading it's whole...
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Discharge from Debts of an Entrepreneur in the Insolvency proceeding
Pleva, Vítězslav ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Topic of this work is an entrepreneur - a natural person in the insolvency proceeding, whose bankruptcy is solved through the discharge of debts. It attempts to identify problematic issues of the current legislation, which might adversely affect the course of insolvency proceeding. The work deals primarily with the subjective admissibility of the discharge of debts and with to date development in that matter which will be explained on the ground of previous decisions of superior courts. It also describes the operation of the enterprise, which is in the process of the discharge of debts, and the status of the creditors, who participate in the enterprise's performance. It deals also with the income of an entrepreneur and its usability in pursuance of the discharge of debts including the different judicial practice in assessing sufficient income for the permission of the discharge of debts. And finally, it addresses the issue of a business risk and the liability of the entrepreneur with a special emphasis on the entrepreneur's liability for a timely filing of a proposal, the shift of the business risk on a third party and last but not least the consequences of the insolvency proceeding on running a business.
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Discharge as one of modes of insolvency solution
Vošvrda, Jiří ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
The text deals with institute of discharge as one of modes of insolvency solution according to the Insolvency Act. The purpuse of the thesis is to analyse current regulation and conclusions of judicial practise. The thesis is composed of seven chapters. Chapter One is rather general and characterises the nature and purpose of discharge. Chapter Two focuses on foreign sources of inspiration for our legislation. Its three parts report on regulation similar to our discharge in the USA, Germany and Slovakia. Chapter Three is subdivided into five parts and provides information about discharge conditions, namely the state of insolvency or the imminent insolvency, a subjective admissibility of discharge (which further discusses the evolution of the interpretation of this issue), the requirement of minimum dividend to unsecured creditors, honest intent and responsible approach of the debtor towards fulfilment of obligations in the insolvency proceedings. Chapter Four concentrates on discharge from a procedural point of view. Firs it deals with a insolvency petition of the debtor and with a petition for the discharge permit. The second Part is focused on a decision on the merits of the petition for the discharge permit, the third Part on procedural steps following the decision by which discharge is permitted and the...
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Analysis of sports form of elite judo athletes
Turek, Jindřich ; Pavelka, Radim (advisor) ; Smolík, Petr (referee)
Title: Analysis of sports form of elite judo athletes Objectives: The main aim of this thesis is testing purposely selected group of elite judo athletes using a battery of tests, which is intended for seinor men's category and find out whether the of performance tests on results of the world competitions. The next aim is describe a judo training of elite judo athletes. Methods: The thesis has an empirical and theoretical-character, which have been used in date collection methods, examining available information from judo training, analysis of professional literature in the field of general sports training and also the experience of many years of competitive practise of the author. The statistical evaluation was used T-test for paired values dependent selection and Spearmen correlation coefficient. Results: The results of this thesis point out that probands who show a high performance in testing are not more successful at world competitons than probands with lower performance in testing. High performance in testing has no effect on success in world competition. Resulting different values of most selected of probands with distinguished from each test in the range of 0.1 - 0.2 diameter marks. Keywords: judo, training, sports form, testing, judo athletes
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Dependence of somatotype and fitness condition in martial arts
Stibůrek, Michal ; Pavelka, Radim (advisor) ; Smolík, Petr (referee)
Title: Dependence of somatotype and fitness condition in martial arts. Thesis aim: Main aim of this thesis is to find out mutual dependence among tracked variables - placed in ranking list and UNIFITTEST (6-60). Methods: For theoretical part of thesis the author used method of analysis and synthesis of specialized literary sources. In practical part the main method used was regression analysis. Method according to Heath-Carter was used to assessment somatotype. Towards evaluation of kinetic performance and efficiency was used UNIFITTEST (6-60). Results: Results from research show us that during the research of mutual dependencies it hasn't proved any link between tracked variables and place in ranking list UNIFITTEST (6-60). Considering measured values judo athletes are in category endomorphic mesomorphic and karate athletes are in category well-balanced mesomorphic. Keywords: somatotype, martial arts, karate, judo, UNIFITTEST (6-60)
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Proceedings in matrimonial cases
Stecová, Miriam ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
My master thesis primary focuses on proceedings in matrimonial cases and its related issues. Precisely, it deals with the marriage itself and it is supported by individual proceedings of marriage authorization and other specific status matrimonial case proceedings. The largest part of my thesis is however dedicated to divorce due to arising negative impacts divorce has on humanity worldwide and it is considered as one of the most recent and most discussed issue nowadays. The goal of my thesis is to provide the overview of law changes in individual matrimonial proceedings and more importantly their characters, supported by both theoretical and practical examples. While exploring above mentioned problematic, at the same time I engage in substantive law as well as in procedural law due to their mutual cohesion. For the sake of the differentiation of proceeding in matrimonial cases, text of this work is divided into four main chapters, where every chapter includes several subchapters to specify the concrete proceeding's character and its process. The first chapter defines general term of proceedings in matrimonial cases and provides an integrated overview of all individual proceedings such as authorization of marriage and status matrimonial cases. In the second chapter, the concept of authorization of...
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Attorney and client - mutual rights and obligations
Kuklík, Jiří ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Resumé Theme of this thesis is legal relationship attorney - client and their mutual rights and obligations. I focused on the current legal regulation contained in the Act No. 85/1996 Coll., advocacy law, and related legal regulations, primarily in professional regulation published by Czech bar association. My objective was to try to give all- embracing explanation of this theme even though I realised this theme and all its aspects is too extensive to be explained completely. This thesis is divided into six parts, which are further systematically divied into chapters. First part gives basic historical review of development of legal regulation of advocacy since ancient Rome. Second part gives definitions of the most important terms of this thesis - attorney and client, with evident orientation on legal regulation of conditions which must fulfil a person in orded to become an attorney. Third part deals with possible methods of constitution of legal relationship between attorney and client (to conclude a contract or to be appointed by court or to be designated by Czech bar assosiation) and related attorney's obligation to refuse to plead client in certain situations as well as termination of this relationship. Fourth part is dedicated to individual rights and obligations o attorneys and clients. Each one is...
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Application for an appeal review on the points of law in civil procedure
Hrbek, Tomáš ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
This thesis focuses on the effective regulation of the application for an appeal review reflecting it from the point of its value background, historical development and the relevant case-law. With an intention to point out the necessary backing for the critical assessment of specific elements and the present form of the application for an appeal review in a civil procedure as a whole, the thesis deals with the theoretical basis of the legal remedies in the civil procedure and with the role of the application for an appeal review in their effective regulation. In the thesis, particular attention is paid to the purposes of the application for an appeal review, i.e. to the unification of the case-law and the protection of the rights of an individual in a particular case, as far as to their relation to the legal certainty resulting from the final decisions, which the use of the application for an appeal review undermines. The thesis contains the general conclusions on the relationship between these values and the conclusions on the appropriateness of the regulation of the particular elements of the application for an appeal review, which are connected with these values. A special chapter of this thesis deals with the history of the appeals focusing only on that facts and legal constructs, which are...
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Discharge from debts in Czech insolvency law
Ferešová, Romana ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Thesis "Discharge from debts in Czech insolvency law" mostly aims to analyze recent legislation of the institute discharge from debts as a recovery method of solution to critical financial situation of debtor called as bankruptcy. This thesis deals with institute of discharge from debts in current Czech insolvency law with regard to amendment of Insolvency act, which came into force on the 1st of January 2014 and also with regard to another prepared amendment of Insolvency act. This thesis also contains emphasis on development of some institutes of discharge from debts, especially of joint discharge from debts of married couples and discharge from debts of self-employed persons in relation to changing legislation and judicial decisions.
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Preliminary ruling in civil proceedings
Zátopková, Kristýna ; Smolík, Petr (referee) ; Pohl, Tomáš (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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