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Payment order procedures
Avdibegović, Hana ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
Payment order procedures Abstract The diploma thesis describes and analyses the current legal regulation of payment order procedure. It focuses not only on the wording of the law, but also on the remaining issues where interpretation by judicial practice was required. The thesis is to some extent critical, as the current legal regulation of injunction proceedings cannot be perceived as sufficient. The regulation of payment order under a bill of exchange or a cheque has been excluded from the discussion, mainly because of its considerable dissimilarities and the attempt to keep the work (also in the context of the comparative part) thematically coherent. The thesis is divided into six parts. The first one provides a general explanation of the concept of summary payment order procedures, explains the concept itself, the nature and defines the individual types. This part also includes an interpretation of the sometimes problematic concept of the right to a fair trial in the context of payment order proceedings. In the second part, the reader is introduced in detail to all aspects of the simple order procedure, with an emphasis on the controversial incorporation of qualified challenges into payment orders. In the third part, the electronic order procedure is introduced, especially its differences from the...
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European international law - selected issues
Ondrušová, Miroslava ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
1 ABSTRACT European international law - selected issues The subject of this thesis is an analysis of a new procedural measure of European law - European order for payment (hereinafter as "EOP") and exploration of its application in practice from the perspective of the Czech plaintiff and Czech court. I have chosen this topic because of my own experience concerning cross-border debt recovery through the EOP. In this context, I decided to find out how this legal measure works in practice with regard to its purpose of providing a simplified, accelerated and cost effective procedure for the recovery of uncontested pecuniary civil and commercial claims in cross-border cases. In the final part of the thesis, I made the conclusion that the Council Regulation 1896/2006 of 12 December 2006, in creating a European order for payment procedure, (hereinafter as "REOP") meets its objectives and its implementation is a valuable asset to the creditors against non paying debtors. The thesis is divided into 3 parts. The first part is as an introduction to European private international law containing five chapters. The first and second chapters explain the concepts of private international law and European private international law. The third chapter deals with their mutual relationship. The fourth chapter describes the...
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Procedure on European Order for Payment - parallels and differences in comparison with European, Czech and German law
Ranič, Radim ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This rigorous thesis deals with the European order for payment in terms of parallels and differences with the European, Czech and German law. On the basis of predefined criteria the work compares the European o rder for payment with the Czech payment order and the German payment order, while the relationship with other European International Private Law institutes has not escaped our attention. Due to the longer effectiveness of the European order for payment regulation we were able in this work to evaluate experience with its application and the case law. A number of identical features of payment orders have been identified in the work, such as their speed of the procedure, optionality, issue without the hearing of the opposing party and their cancellation after objections against them. Differences have also been identified, mainly in the scope of application, different use in cross-border cases, different demand on the scope of evidence in the proposal for issue, the structure of the procedure as one or a two step and different time limits for filing of objections.
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European Order for Payment and European Small Claims Procedure
Chmelík, Jakub Evan
Faculty of Law, Charles University in Prague, Department of Commercial Law Dissertation topic: European Order for Payment and European Small Claims Procedure Author: Mgr. Ing. Jakub E. Chmelík, LL.M. June 2010 1 General Overview The topic of my dissertation work is European Order for Payment and European Small Claims Procedure. In particular, I examine two European regulations relating to European private international law: (i) Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure and (ii) Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure. An older Czech translation of the term "European Small Claims Procedure" (Evropské řízení o drobných pohledávkách) essentially corresponds to the current official Czech translation (Evropské řízení o drobných nárocích). 2 Aim, Structure and Content The aim of my research is to analyze the legal provision of the European order for payment and the European small claims procedure. As a part of this analysis, I also attempt to describe the key correlations between these two regulations and Czech civil procedure regulations. Another aim of my research is to compare European regulation with...
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Payment order procedures
Burianová, Klára ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
This diploma thesis covers payment order procedures and its object is to offer a complex view on the payment order procedures. The thesis is devided into seven main parts. The first part of the thesis introduces the payment order procedures. It also focuses on principles of the payment order procedures, on competent courts and on files. Then, the reader is about to ascertain successively about a payment order, an electronic payment order, a European payment order and a bill (cheque) payment order from the second to the fifth part of the thesis. The sixth part of the thesis concerns the payment order procedures according to a proposal of the new Civil Procedure Code. The final seventh part is related to a payment order procedure and an action order procedure under the French Code de procédure civile. In payment order procedures, proceedings are not ordered and the facts of the matter are not substantiated or proven. The court decides without hearing the defendant on the basis of a proposal. In a payment order, the defendant is ordered to pay to the plaintiff the filed receivable and costs of proceedings, or to file the protest. The difference between an electronic payment order and a payment order is in the form of the request. The advantage of an electronic payment order procedure is that the request for an...
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Procedure on European Order for Payment - parallels and differences in comparison with European, Czech and German law
Ranič, Radim ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This rigorous thesis deals with the European order for payment in terms of parallels and differences with the European, Czech and German law. On the basis of predefined criteria the work compares the European o rder for payment with the Czech payment order and the German payment order, while the relationship with other European International Private Law institutes has not escaped our attention. Due to the longer effectiveness of the European order for payment regulation we were able in this work to evaluate experience with its application and the case law. A number of identical features of payment orders have been identified in the work, such as their speed of the procedure, optionality, issue without the hearing of the opposing party and their cancellation after objections against them. Differences have also been identified, mainly in the scope of application, different use in cross-border cases, different demand on the scope of evidence in the proposal for issue, the structure of the procedure as one or a two step and different time limits for filing of objections.
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The european enforcement order and the european order for payment in the context of czech legislation
Duffek, Lukáš ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
This rigorous thesis deals with the European enforcement order and the European order for payment in the context of Czech legislation. Taking into account that the regulation regulating the European enforcement order as well as the regulation regulating the European order for payment came into force quite recently, the topic of the thesis can be considered as very actual. The main purpose of the thesis is to explain the legal basis for the application of the European enforcement order and the European order for payment under the Czech law, describe the development of both instruments and then analyze some practical aspects related to their use in practice. The author of the thesis also outlines the regulation of both instruments under the Czech legislation; and in relation to the key aspects there is a comparison of the Czech and the EU regulation. This rigorous thesis is based on the use of the methods of description, comparison and analysis.
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European international law - selected issues
Ondrušová, Miroslava ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
1 ABSTRACT European international law - selected issues The subject of this thesis is an analysis of a new procedural measure of European law - European order for payment (hereinafter as "EOP") and exploration of its application in practice from the perspective of the Czech plaintiff and Czech court. I have chosen this topic because of my own experience concerning cross-border debt recovery through the EOP. In this context, I decided to find out how this legal measure works in practice with regard to its purpose of providing a simplified, accelerated and cost effective procedure for the recovery of uncontested pecuniary civil and commercial claims in cross-border cases. In the final part of the thesis, I made the conclusion that the Council Regulation 1896/2006 of 12 December 2006, in creating a European order for payment procedure, (hereinafter as "REOP") meets its objectives and its implementation is a valuable asset to the creditors against non paying debtors. The thesis is divided into 3 parts. The first part is as an introduction to European private international law containing five chapters. The first and second chapters explain the concepts of private international law and European private international law. The third chapter deals with their mutual relationship. The fourth chapter describes the...
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European Order for Payment and European Small Claims Procedure
Chmelík, Jakub Evan
Faculty of Law, Charles University in Prague, Department of Commercial Law Dissertation topic: European Order for Payment and European Small Claims Procedure Author: Mgr. Ing. Jakub E. Chmelík, LL.M. June 2010 1 General Overview The topic of my dissertation work is European Order for Payment and European Small Claims Procedure. In particular, I examine two European regulations relating to European private international law: (i) Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure and (ii) Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure. An older Czech translation of the term "European Small Claims Procedure" (Evropské řízení o drobných pohledávkách) essentially corresponds to the current official Czech translation (Evropské řízení o drobných nárocích). 2 Aim, Structure and Content The aim of my research is to analyze the legal provision of the European order for payment and the European small claims procedure. As a part of this analysis, I also attempt to describe the key correlations between these two regulations and Czech civil procedure regulations. Another aim of my research is to compare European regulation with...
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European Order for Payment
Dřizgová, Zuzana ; Grmelová, Nicole (advisor) ; Pešlová, Andrea (referee)
The topic of the thesis is Regulation (EC) No 1896/2006 of the EP and of the Council of 12 December 2006 creating a European order for payment procedure. Regulation established an additional and optional means for the claimant, with the purpose to simplify, speed up and reduce the costs of litigation in cross-border cases concerning uncontested pecuniary claims and to permit the free circulation of European orders for payment throughout the Member States without any intermediate proceedings prior to recognition and enforcement. The aim of the thesis is to analyze the current shape of legislation, its interpretation by the ECJ and existing practical experiences with the application of the tool in the Czech Republic. Chapter one is devoted to the development in the field of judicial cooperation in civil matters, called as well as European civil procedure, and to the summary of the existing regulations. Chapter two deals with the thorough analysis of the laid down proceedings and its consecutive phases. It also contains the evaluation of these regulatory efforts. Chapter three focuses on the analysis of a reference for a preliminary ruling in the Case C-215/11 Szyrocka which is not yet decided. The reference depicts problematic points of coordination between the Regulation and civil procedures of Member States. Last chapter pursues the application of the European order for payment in the Czech judicial system. It summarizes the statistical data about usage of the procedure in the Czech Republic. Moreover, it presents the findings of the qualitative research carried out at thirty district and regional courts.
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