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Status of an obliged person's spouse in the execution proceedings
Cejnarová, Jitka ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Status of an obliged person's spouse in the execution proceedings Abstract The topic of this rigorous thesis is "Status of an obliged person's spouse in the executory proceedings". I got to this topic through my professional experience at the District Court of Prague 5, where I worked as an assistant of a judge for more than a year. As part of this work, I prepared decisions on the procedural motions of the parties to the execution proceedings, including the motions of the obliged person's spouse to a partial discontinuance of the execution proceedings for a judge. As a result of the fact, that I devoted to these motions because of their increasing number still more and my interest in the issue of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce the obliged person's debt and my knowledge about this issue got deeper, I have decided to deal with this topic in my rigorous thesis. The aim of this thesis is to analyze the possibilities of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce obliged person's debt in a particular regimes of procedural legislation of affecting such property, based by the...
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Action for exemption of claim within the enforcement of judgment by a court officer, by a private executor
Páslerová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This thesis aims at a close examination of the problematic position of a third party in the proceedings to compel the execution of judgement and the execution proceedings. The only defensive instrument of a third party against the encroachment on their rights is the action to exempt a claim, which is the focus of my thesis. Although it is a defence against the proceedings to compel the execution of judgement and execution proceedings, the hearing about the action to exempt a claim is liable to a special type of the finding trial proceedings. The thesis includes also a short discourse on the proceedings to compel the execution of judgement and execution proceedings as these proceedings precede the action to exempt a claim. The thesis is divided into ten chapters. The first chapter is an introduction to the problems of the action to exempt a claim, which includes setting the target of my thesis. It is linked to the second chapter where I define the main terms used in my thesis. The third chapter is formed by a short historical excursion into the proceedings to compel the execution of judgement, execution proceedings and the action to exempt a claim. This chapter is further divided into subsections according to the law of a particular country and timeline. The following chapter Four contains the...
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The action to exclude a claim from the enforcement of the judgment
Svoboda, Ondřej ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Debarment action in execution proceedings The thesis targets the interpretation of debarment actions in execution proceedings. Generally the thesis provides a definition of debarment actions as a legal institution for the protection of third party rights and of debarment action execution proceedings. On the other hand the thesis is very particular in terms of the specifics of individual forms of debarment actions. The interpretation does presented also refers to current jurisprudence as applied by Czech courts as regards debarment actions, as well as in further related cases. The legal interpretation points out to the possibility of future amendments to certain legal provisions. The first Chapter of the thesis defines fundamental legal terms and institutions, which create a broader base for debarment action interpretations. The thesis focuses on the definition of notions of execution, the status of bailiffs, execution proceedings and the parties thereto as well as the sources of law including the definition of the inter relationship between Civil Procedure Code and Execution Procedure, which are cardinal for the main subject of the thesis. The interpretation contained in Chapter two aims at general description of debarment actions, their subjects and status within incidence disputes and it also...
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