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Contractual fine
Vernerová, Martina ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
A Contractual fine Keywords Contractual fine, damages Summary The aim of this Master's degree thesis is to analyze the usage of contractual fine in civil-law relations. This essentially very useful institute is used in almost every possible contract although often without proper knowledge or sometimes even without good intention. The main goal of this study therefore may be simply to provide parts of the contract with a guide called "How to arrange (not)valid contractual fine". The thesis is composed of six chapters, each of them dealing with different aspects of the contractual fine. Chapter One searches for the best available definition of contractual fine both in specialized literature and in injudicial sources and points out differences in point of view of the authors. Chapter Two deals with the purpose of contractual fine and hierarchy of its functions in order to provide deeper understanding of situations suitable for arranging a contractual fine. Chapter Three focuses on the basic characteristic of contractual fine mainly in contrast to the attributes of punitive interests which is the institute of some similar functions. The Chapter also examines the questions of concurrence of these important institutes. Chapter Four examines relevant legislation both in Civil and Commercial Code, explains the...
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Seizure of property of the obligor spouse in execution of judgement proceedings
Vernerová, Martina ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
1 ABSTRACT SEIZURE OF PROPERTY OF THE OBLIGOR SPOUSE IN EXECUTION OF JUDGEMENT PROCEEDINGS The topic of this rigorosum thesis is seizure of property of the obligor spouse in execution of judgement and execution proceedings. "Seizurable property" in this context is property in community property of spouses (the obligor and their spouse), together with other property values belonging to the obligor spouse, such as their pay, pecuniary claims and other property rights that are not part of community property of spouses. The question of seizure of these other property rights has been a subject of an ongoing debate to which this thesis aims to contribute. Not much attention was paid to the issue of seizure of property of the obligor spouse in the past, but over the course of the seven last years, it has seen three major legislative changes which have made it a subject of public debate. These modifications, however, have also made it difficult to grasp for parties to a case, courts and court executors in their practice. Therefore, the aim of the present thesis is to critically assess the relevant legislation in selected periods of time, analyse its bases as well as its impacts on the obligor spouse in execution of judgement proceedings, and to point out to facts that have escaped the notice of experts. The thesis...
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Contractual fine
Vernerová, Martina ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
A Contractual fine Keywords Contractual fine, damages Summary The aim of this Master's degree thesis is to analyze the usage of contractual fine in civil-law relations. This essentially very useful institute is used in almost every possible contract although often without proper knowledge or sometimes even without good intention. The main goal of this study therefore may be simply to provide parts of the contract with a guide called "How to arrange (not)valid contractual fine". The thesis is composed of six chapters, each of them dealing with different aspects of the contractual fine. Chapter One searches for the best available definition of contractual fine both in specialized literature and in injudicial sources and points out differences in point of view of the authors. Chapter Two deals with the purpose of contractual fine and hierarchy of its functions in order to provide deeper understanding of situations suitable for arranging a contractual fine. Chapter Three focuses on the basic characteristic of contractual fine mainly in contrast to the attributes of punitive interests which is the institute of some similar functions. The Chapter also examines the questions of concurrence of these important institutes. Chapter Four examines relevant legislation both in Civil and Commercial Code, explains the...
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