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Professional Ethics of Distrainors in the Czech Republic
Šmok, Jan ; Friedel, Tomáš (advisor) ; Ondřejková, Jana (referee)
Professional Ethics of Distrainors in the Czech Republic Abstract The aim of this Master degree thesis is the analysis of the current regulation of the professional ethics of distrainors with a focus on the independence and impartiality as these requirements are established in the status and legal regulations. The profession of distrainors has recently been the target of criticism both from the public and from some legislators and the professional public. The Master degree thesis therefore focuses on clarifying the issue of distrainors in a broader context, so that it is clear to the reader what theoretical starting points influence the professional ethics of distrainors. The first part of the thesis is focused on the area of morality, ethics and law. These concepts are interconnected and influence each other. At the same time, they significantly influence almost every member of our society. Based on this work, the reader should be able to distinguish between them, know their differences and mutual interaction. The second part of the thesis is devoted to professional ethics and its starting points, which are subsequently applied in solving various ethical problems that may arise in the performance of the given professions. For an overall understanding of the issue, the concept of profession and the...
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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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The writ of execution and the authorization of a licensed executor
Matušincová, Eva ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The following diploma thesis is called "The writ of execution and authorization of a licensed executor". I have chosen this theme because this execution and execution procedure is a dynamically developing part of the civil law and has been changed substantially in recent years. I deal mainly with the legislation in regards to the petition for an execution order, an execution order as well as a termination of authorization of an licensed executor to carry out the execution. The aim of the thesis is to acquaint the reader with current legislation, compare current legislation with previous legislation and identify ambiguities and issues encountered in practice. The thesis is divided into five chapters. The first one is a preface and the last a conclusion. The second chapter deals with the petition for an execution order, especially requirements, defects and their remedies. Further, I pay attention to execution title and its particular types. In the end I outline the possibility of the proposed limitations on the territorial scope of an licensed executor de lege ferenda. The third chapter deals with the execution procedure and authorization of a licensed executor. I describe how the court can decide on the petition for the execution order. Separately I deal with an execution decision, its delivering,...
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Distraint by sale of property after the amendment to the Code of Distraint Procedure
Zwiefelhoferová, Eva ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
12 Abstrakt - abstract Tato rigorózní práce se zabývá dražbou prováděnou soudním exekutorem v exekučním řízení po novele zákona č. 120/2001 Sb, o soudních exekutorech a exekuční činnosti (exekuční řád). V práci je kladen důraz na jednotlivé fáze exekuce prováděné prodejem nemovitosti a to konkrétně ocenění nemovitosti, dražba nemovitosti a rozvrhové jednání se zaměřením na úkony soudního exekutora v jednotlivých fázích. Práce se též zaměřuje na problematiku zástavních práv, včetně exekutorského zástavního práva, jako nového institutu The thesis addresses the auction of property performed by a court distrainer in a distraint proceedings after the amendment to Act No. 120/2001 Coll., on court distrainers and distraining activities (hereinafter the "Code of Distraint Procedure"). The thesis places emphasis on the individual phases of distraint by sale of property, specifically appraisal of the property, auction of the property and proceedings regarding distribution of the proceeds, focusing on the actions of the court distrainer in the individual phases. The thesis also focuses on the issue of rights of lien, including the distrainer's right of lien, a new institute.
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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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Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff
Křížová, Petra ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff - Abstract The thesis deals with the legal position of insolvency administrator in insolvency proceedings and its comparison with the position of bailiff. The thesis is broken into an introduction, six chapters and a conclusion. The aim of this thesis is to summarise the rights of the insolvency administrator as a subject of the insolvency proceeding and compare them with the rights of the bailiff. The first chapter deals with the definition of insolvency administrator, the conditions to perform the office and to obtain the relevant licence to perform the office, as well as the manner of entry of insolvency administrators into the registry. The second chapter takes on the manner of appointment of the insolvency administrator in a specific insolvency proceeding, the conditions for removal or recall from the office, the conditions of exclusion for bias and situations when the insolvency administrator may be replaced. Furthermore, the chapter states the duties of the insolvency administrator. Special attention is paid to the reward and reimbursement of costs in the various alternatives of insolvency solutions with regard to recent case law. The chapter also details the liability of the...
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The concept of bailiff services in the Czech Republic and their comparison with selected EU countries
Hadravová, Andrea ; Lechner, Tomáš (advisor) ; Mikulová, Magdalena (referee)
Since 2001, the legislation on enforcement has been fundamentally changed, on 1st 2001, Act No. 120/2001 Coll., Executors and Enforcement Activities (Enforcement Code) entered into force. The creditor has thus been given the opportunity to decide how recover his claim. Until then, his only possibility for recovering claims was through the court, but since this date he could acquire his rights through the services of a distrainer. In 2012, this duality was abolished and is executed in most cases by private distrainer. He carries out his activity for reward, which results in his status as an entrepreneur. And his reward has been a thorny issue since 2001, when the profession came into our systhem. The issue of this topic is also evidenced by the parliamentary bill, which tries to regulate to reduce the distrainer`s tariff. The thesis compares the current situation in the Czech Republic with selected states. For purposes of this thesis, I chose Germany, because there is recovery of debts through a state employee, France because this system is one of the oldest and served as a model for many states and Slovakia, for reasons of common history and amendment that came into force in April this year. The aim of the thesis is to map the situation in selected states, to find possible deviations and sources of inspiration for the system of executive services in the territory of the Czech Republic.
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Entities of execution proceedings.
Schmidtová, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
I have chosen the topic of this diploma thesis for its relevance. The number of ordered executions is still high and the ratio between rights and obligations on the part of individual subjects of the execution proceeding is unclear. The diploma thesis discusses subjects of the execution proceeding according to the Execution Procedure Act. It analyses who can be subject and participant of the execution proceeding, the status of the subjects, their role in execution proceeding and also their rights and duties. The aim of the diploma thesis is to compare the position of individual subjects, describe how the execution can affect lives not only of the obligated and entitled subjects but also lives of third parties and to elaborate on future legislation. The diploma thesis is, except for the introduction and the conclusion, divided into ten chapters. The beginning is devoted to general questions regarding subjects and participants of the proceeding and the proceeding itself. Then it discusses individual subjects of the execution proceeding. The last chapter focuses on the discussion about future legislation.
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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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