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Executory Title as a Basis for Enforcement of Decision
Guckler, Daniel ; Smolík, Petr (advisor) ; Macková, Alena (referee)
I. Abstract The aim of the thesis is to describe the issue of enforcement claims under execution for monetary compensation according to the Executory Code and judicial enforcement of decision under Part Six of the Civil Procedure Code. Consensus for judicial enforcement and execution, which is largely based on the regulation of judicial enforcement of decision, as the Executory Code is special to the Civil Procedure Code, made the author realize clearer interpretation of individual topics from the point of view of judicial enforcement of decision and parallelly from the view of judicial execution. Executory title is essential requirement for judicial enforcement of decision or writ of execution. However, it is not the only one prerequisite. There are other assumptions, which are requirement to the writ of enforcement and successful completion of the execution or judicial enforcement. Other essential attributes, that need to be examined, are perfection of proposal, active legitimation of the claimant, passive legitimation of the debtor, their eligibility, litispendentio or rei iudicatae etc. The absence of even only one of the conditions proceeding is a procedural defect. Execution proceedings and judicial enforcement consist of several phases. Also in the phase of own enforcement, there can be facts, which...
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Executory Title as a Basis for Enforcement of Decision
Guckler, Daniel ; Smolík, Petr (advisor) ; Macková, Alena (referee)
I. Abstract The aim of the thesis is to describe the issue of enforcement claims under execution for monetary compensation according to the Executory Code and judicial enforcement of decision under Part Six of the Civil Procedure Code. Consensus for judicial enforcement and execution, which is largely based on the regulation of judicial enforcement of decision, as the Executory Code is special to the Civil Procedure Code, made the author realize clearer interpretation of individual topics from the point of view of judicial enforcement of decision and parallelly from the view of judicial execution. Executory title is essential requirement for judicial enforcement of decision or writ of execution. However, it is not the only one prerequisite. There are other assumptions, which are requirement to the writ of enforcement and successful completion of the execution or judicial enforcement. Other essential attributes, that need to be examined, are perfection of proposal, active legitimation of the claimant, passive legitimation of the debtor, their eligibility, litispendentio or rei iudicatae etc. The absence of even only one of the conditions proceeding is a procedural defect. Execution proceedings and judicial enforcement consist of several phases. Also in the phase of own enforcement, there can be facts, which...
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Fine ways of the enforcement of judgement for pecuniary claim amount
Kázsmérová, Adriana ; Kotoučová, Jiřina (advisor) ; Češková, Marie (referee)
This Bachelor's thesis describes the enforcement of judgement as an independent institute and compares it with the executory procedure. It is also dealing with the legal essentials of the enforcement of judgement as much as with the participation of foreign components. The main purpose of this thesis is to deepen the knowledge in the sphere of its chosen ways, that is order of court claim. From the point of view of the law this subject is really extensive. Consequently it is divided into individual chapters. Each of them analyses one type of order of court claim, which is different, depending on the object about which has to be decided. It also offers a clarification of nuisance and intangible claims and the procedure of replacement by the bailiff.
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