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Execution by sale of real estate
Kovář, Ondřej ; Frintová, Dita (advisor) ; Smolík, Petr (referee)
Execution by sale of real estate The presented rigorous thesis titled "Execution by sale of real estate" aims to describe and analyze the current legislation concerning real estate as a subject to execution proceedings. The thesis should offer potential solutions for the described problematic parts of an execution, such as the issue of conflict between the execution procedure and the insolvency procedure. In terms of its content, the rigorous thesis consists of eight parts. The first chapter of the rigorous thesis focuses on the definition of the essential terms of enforcement proceedings, the substantial institutions, and legal provisions which are connected to the enforcement. Essential principles of the enforcement proceedings are described in the beginning: the principle of party disposition, the principle of officiality, the principle of proportionality and the principle of defense and protection of the debtor. Then, the thesis analyzes the position of the judicial officer in the legal system and focuses on the legal consequences concerning the commencement of execution proceedings. From the second to the seventh part, the rigorous thesis contains the main subject of the work - the process of execution sale of real estate, when the parts correspond to the relatively independent phases of the process of...
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Execution of movables
Hobl, Jaroslav ; Smolík, Petr (advisor) ; Macková, Alena (referee)
Name of this work: Execution of movables As the title shows, this work deals with one of the manners of debt enforcement in the Czech Republic by means of judicial officers. In the introduction, the author introduces readers into history of enforcement law. Following parts deals with decreeing the execution with the means of execution of movables and both personal and tangible ensuring the process. Further the author mentions the executable goods, and afterwards he comes with detailed description of constituent phases of attachment of movable goods. He especially emphasizes the crucial part of this kind of execution which is movable goods attachment. The work is also concerned with third person's rights protection as one of the fundamental principles of executory laws. Furthermore, the author makes an attempt to suggest possible amendment of contentious § 68 of the executory code. The subsequent chapter deals with the public auction sale of the attached movables process which contains their appraising, issuing the notice sale, and finally the sale itself while the author does not omit proceeds from the sale. The concluding part concerns the costs which appear at the movables execution. The goal of this work is to analyse the component phases of movables execution. The author endeavours to point out...
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Real Estates in Execution Proceedings
Doležalová, Lenka ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
The submitted thesis describes and analyses the current legislation concerning real estate as subject to execution proceeding. It contains an analysis of the relevant provisions of the Civil Procedure Code and Execution Code relating to execution (enforcement of decisions) by the sale of real estate. It does not leave out the historical development and also presents the author`s reflection on the potential amendments de lege ferenda. The thesis further examines the role of the Land Register and, last but not least, it focuses on the legal instruments relating to real estate such as the real estate management, execution by vacation, trust and the isuue of conflict of execution with bankruptcy proceeding.
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Execution of movables
Hobl, Jaroslav ; Smolík, Petr (advisor) ; Macková, Alena (referee)
Name of this work: Execution of movables As the title shows, this work deals with one of the manners of debt enforcement in the Czech Republic by means of judicial officers. In the introduction, the author introduces readers into history of enforcement law. Following parts deals with decreeing the execution with the means of execution of movables and both personal and tangible ensuring the process. Further the author mentions the executable goods, and afterwards he comes with detailed description of constituent phases of attachment of movable goods. He especially emphasizes the crucial part of this kind of execution which is movable goods attachment. The work is also concerned with third person's rights protection as one of the fundamental principles of executory laws. Furthermore, the author makes an attempt to suggest possible amendment of contentious § 68 of the executory code. The subsequent chapter deals with the public auction sale of the attached movables process which contains their appraising, issuing the notice sale, and finally the sale itself while the author does not omit proceeds from the sale. The concluding part concerns the costs which appear at the movables execution. The goal of this work is to analyse the component phases of movables execution. The author endeavours to point out...
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The protection of property rights in the Czech Republic: public judicial system versus private alternatives
Černá, Michaela ; Šíma, Josef (advisor) ; Munzi, Tomáš (referee)
This diploma thesis focuses on relation between state and private system of debt collection. The first part of this paper briefly describes traditional role of the government in general and deals with question if it is possible to establish competition into the justice. The second part describes and analyzes four different systems of debt collection in the Czech Republic -- execution procedure by public judicial system, by judicial officer (for-profit alternative), by arbitration court and by collection agency. In this part there are also described mechanisms of how four different systems work. The analysis of efficiency of four systems arises from comparison different motivation and mechanism used by representatives of systems. The aim of this paper is to monitor present condition in the market of debt collection in the Czech Republic and to demonstrate if the protection of property rights changed by the entrance of non-state alternatives.
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