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Mediation in the Legal Order of the Czech Republic
Březovják, Michal ; Macková, Alena (advisor) ; Smolík, Petr (referee)
The subject-matter of the present rigorous thesis is the legal regulation of mediation in the Czech law. The thesis focuses on the legal regulation of mediation in non-criminal cases. It is based on an analysis of the effective legal regulation and its comparison with foreign legislation on mediation on the territory of the Slovak Republic. It concludes that mediation in non-criminal cases can be performed even outside the mode of basic rules contained in Act No. 202/2012 Sb. (Coll.), on mediation and alterations to some acts (Mediation Act). Furthermore, it ascertains that the mediation process is generally regulated, mediation seeks solution to a dispute between any parties, specific requirements are imposed on the mediator, the undertaking of mediation is not a trade, the undertaking of mediation is subject to supervision, the initiation of the mediation process suspends limitation and lapse periods and that the use of mediation is encouraged. On the basis of the analysis of effective legislation on mediation and its comparison with foreign legislation, several recommendations to alter the legislation were made, a recommendation that family mediation should be performed by specialized, registered mediators, a recommendation to omit the condition of lack of conviction for negligent crime as a...
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Mediation as a method of alternative dispute resolution
Sixtová, Lenka ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The purpose of this thesis is to introduce the mediation as one of the methods of Alternative Dispute Resolution (ADR). The main reason for choosing this topic was topicality of issues because in the last years the mediation has been developing in our country. A relatively recent adoption of The Mediation Act No. 202/2012 Sb., which is effective since 1st September 2012, contributed to this development. The thesis involves seven chapters that are further subdivided. In the Chapter One, basic information relating to an alternative dispute resolution are summarized. Characteristic features are shown there and there are more details of each method of ADR. Chapter Two examines basic characteristic of the mediation as a method of ADR. This chapter consists of four subchapters that analyze in more detail historical development of the mediation, basic characteristic features of the mediation, basic principles of the mediation and finally also advantages and disadvantages of the mediation. The status of the mediator is discussed in the Chapter Three of this thesis. The main focus is on the question of impartiality and independence of the mediator, as well as its duty of confidentiality. Chapter Four includes basic information about the status of parties to the conflict because they are the ones who have...
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Discharge of a debtor - one of modes of insolvency solution
Paľko, Ján ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The main goal of this thesis is to offer a detailed perspective on the discharge from debts in the context of insolvency proceedings and also to illuminate the most important novelties, which were brought with the newest amendment of the insolvency law. The debt relief was alongside with the reorganization incorporated to the Czech legal system by the Insolvency act, No. 182/2006 Coll., which entered into force on the 1st of January 2008. This led to a significant shift from the liquidation form of resolving bankruptcy to the preference of the remedial methods. The main purpose of the debt relief is to provide a person in bankruptcy with an opportunity to free themselves from their debts and at the same time to ensure the highest possible and proportional satisfaction of the creditors. This institute was originally designed exclusively for the persons, who were not engaged in business, mainly for consumers. Nowadays this statement is not entirely factual. The legislator newly explicitly permitted, what had already been allowed by the judicial practice and thus a possibility to take advantage of this institute even for the entrepreneurs. Obviously, only under the conditions laid down by the valid legislation. The court shall allow resolving insolvency of the debtor in the form of discharge from...
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Raising claims in insolvency proceedings
Roud, Vojtěch ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
This work aims to provide a comprehensive overview of the raising the claim in the insolvency proceedings. There is an explanation provided for each type of claims together with practical examples targeting the most problematic aspects of application of Act No. 182/2006 Coll., on bankruptcy and means of resolution thereof (hereinafter "The Insolvency Act").The work is not limited only to a process of raising the claim in insolvency proceedings but it systematical describes further existence of raised claim in the insolvency proceedings. There are also two more chapters dealing with the review of claims and their satisfaction. The work deals with the effective legislation, meaning the insolvency act. There is pointed toward the specific legislation in specific cases when adequate. This legislation is contained in the Act No. 328/1991 Coll., on bankruptcy and settlement (hereinafter "The Bankruptcy and Settlement Act"). I also took into account the significance of the novelization of the insolvency act number 294/2013 Sb. (so called revision novelization) and I point out the cases of modifications based on this novelization.. I also refer to the previous legislation contained in the bankruptcy act. Together with this I explain the development of insolvency law from the adoption of an insolvency act until now....
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Insolvency proceeding from secured creditor point of view
Chovanec, Ondřej ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This thesis deals with insolvence proceedings from secured creditor point of view. Opening chapter is devoted to historic development of bankruptcy law. Main part of this thesis describes insolvency proceedings from insolvency petition to logdement of claim to monetary satisfaction of secured creditor's claim. Closing chapter deals with bankruptcy law de lege ferenda. Focus is set on practical issues occuring in praxis.
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Court fees in civil proceedings
Křiváček, Tomáš ; Macková, Alena (advisor) ; Smolík, Petr (referee)
Court fees in civil proceedings - abstract This thesis as its name suggests is dealing with court fees in Czech civil proceedings. The aim of it is especially to describe institute of court fees, indicate procedure of courts in this area in civil proceedings, point to difficulties arising in praxis and to propose its solutions. That all in view of court clerk who operates with court fees most often. The author of this thesis works as an assistant of judge at district court, so he's supposed to be well orientated in this matter. The thesis is divided into three basic parts. The first one is dealing with court fees generally. At first it is explained the term, object and especially functions of court fees continuing by the chapter about sources of law relating to court fees. Then the general elements have turn. It is described who is fee-payer and when the fee obligation occurs. The second part is concerning with institution of exemption from paying court fees, both individually by judicial decision and directly by law. Certain part is dealing with possibility of a free legal adviser appointing which is closely associated with individual fee exemption institute. These institutes actively support the right to free access to court. The third part focus on court fees in civil proceedings itself. That means it...
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Consumer Arbitration in the Czech Republic and in the European Context
Musil, Ondřej ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Presented thesis called Consumer Arbitration in the Czech Republic and in the European Context deals with, as the title indicates, Arbitration in the disputes emerging from consumer contracts not only in the Czech Republic, but also in the legislation of the European Union, in the practice of the European Court of Justice and in addition it introduces for comparative purposes legislation of three selected European countries - Germany, Austria and Sweden. This thesis deals with the development of the Arbitration in the Czech Republic especially with regard to Consumer Protection. Major bolster of the position of the Consumer happened on the grounds of Act (Amendment) No. 19/2012 Coll., which brought some significant changes in this area. In order to keep this thesis coherent, the author describes all aspects of Arbitration, which are subject of the Arbitration, Arbitrability, Arbitration Agreements, Arbitrators, course of the Arbitration, Arbitration Awards, Enforcement of Arbitration Awards and their reversal by the state courts. This thesis also deals with the influence of the legislation of the European Union and devotes space to several European regulations, especially to the essential one - Directive 93/13/ECC on unfair terms in consumer contacts. Thesis also describes the most significant...
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Types of action in The Civil Process
Macháčová, Magdalena ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Thesis with the topic "Types of action in The Civil Process" The objective of the thesis with the topic "Types of action in The Civil Process" is to offer a comprehensive view of the positive treatment of various types of action in the Czech civil procedural law. The action is a significant procedural institution, which is considered a universal means of protection of rights, and in both theory and practice it is treated with due importance. The thesis is divided in eleven chapters. In the first half, I define general characteristics of the action and its legal effects; in the second, I deal with the individual types of action in detail and analyse their specifics by means of a detailed of the literature and case law review method.
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Administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent
Pisaková, Hana ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Title: Administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent The purpose of this thesis is to analyze the administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent. The administration of an immovable thing is a new way of enforcement procedure, implemented to Czech legislation by amendment of the Civil Procedure Code that came into effect on 1st January. 2013. This thesis is divided into seven chapters. The first one contains just the brief overview of the main problems. Second chapter describes the enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent in general. Third chapter explains detailed characteristics of an administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent, its process, duration and conclusion. Fourth chapter deals with identification of main problems of an administration of an immovable thing and deals with them. Especially deals with problems regarding possible limitations of court in modification of leasing and tenure contracts. The possible use of an immovable thing by a debtor and possible...
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