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Status of the judgement debtor in execution proceeding in comparison with legal regulation in the Slovak Republic
Kvapil, Václav ; Macková, Alena (advisor) ; Smolík, Petr (referee)
This thesis deals with comparing the status of the judgement debtor in individual stages of execution proceeding as it is defined by Czech and Slovak legal regulation. When describing the status of the judgement debtor, the stress was laid on the means of the judgement debtor's defence. When describing the selected means of performing the execution proceeding, the stress was laid on the devices that guarantee the protection of the judgement debtor. The thesis also relates to the legislative development of some of these devices. The initial pages of the thesis are discussing the execution proceeding in general, further, the means of ordering the execution proceeding are described and finally there is a description of the means of performing the execution proceeding. In the final sections of each chapter, there is a comparison of both legal regulations. The thesis also consists de lege ferenda reflections and it also mentions the crucial changes in the execution law of the Czech Republic.
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Substantive consequences of insolveny of an obligor for his business partners
Volín, Jan ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
Substantive consequences of insolvency of an obligor for his business partners Abstract This thesis has a goal to describe substantive consequences of insolvency or bankruptcy of an obligor for his business partners. This goal is achieved by a comparison of norms influencing the insolvency proceedings arising from the Act no. 182/2006 Coll., about bankruptcy and methods of its solution (Insolvency Act), with the general norms of obligation law, while using academic literature, case law and legislation. The thesis describes especially single consequences which arise directly from the Insolvency Act and the purpose of these consequences. Additionally, possibilities for the business partners are included regarding avoidance of some of the consequences that might negatively affect them. Particularly, the thesis focuses on existence, extinguishment and enforceability of receivables of obligor's business partners. The text is divided into three chapters. The first chapter describes basic principles of the insolvency proceedings, which helps to understand the meaning and the purpose of the legislation pertinent to the insolvency proceedings. These principles are also interpretation rules for the Insolvency Act. Furthermore, individual phases of the insolvency proceedings are described in the first chapter of the...
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Status of the judgement debtor in execution proceeding in comparison with legal regulation in the Slovak Republic
Kvapil, Václav ; Macková, Alena (advisor) ; Smolík, Petr (referee)
This thesis deals with comparing the status of the judgement debtor in individual stages of execution proceeding as it is defined by Czech and Slovak legal regulation. When describing the status of the judgement debtor, the stress was laid on the means of the judgement debtor's defence. When describing the selected means of performing the execution proceeding, the stress was laid on the devices that guarantee the protection of the judgement debtor. The thesis also relates to the legislative development of some of these devices. The initial pages of the thesis are discussing the execution proceeding in general, further, the means of ordering the execution proceeding are described and finally there is a description of the means of performing the execution proceeding. In the final sections of each chapter, there is a comparison of both legal regulations. The thesis also consists de lege ferenda reflections and it also mentions the crucial changes in the execution law of the Czech Republic.
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