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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
Selected Issues of the Discontinuance of Execution according to the Provision of Sec. 268 (1)(a - h) of the Code of Civil Procedure
 Najmanová, Veronika ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Selected Issues of the Discontinuance of Execution according to the Provision of Sec. 268 (1)(a - h) of the Code of Civil Procedure ABSTRACT Execution, as the compulsory performance of obligations by way of interfering with the property interests of the obliged party, for the purpose of recovering the performances owed, represents an important procedural instrument through which creditors may assert their rights vis-a-vis debtors who failed to voluntarily fulfill the obligations imposed unto them in the enforcement order. However, not every execution is successful (in the sense that it results in the recovery of the performance owed). Circumstances may arise during the debt enforcement procedure which prevent its continuation and require enforcement action to cease before its intended purpose could be consummated. The law reflects these situations by providing for the discontinuance of execution, a procedural institution whose purpose it is to permanently prevent the compulsory performance of obligations as per the enforcement order and to lift the effects of the ongoing enforcement on the obliged party's property interests. This is at the same time the only means of defense available to obliged parties who wish to defend themselves against ongoing debt enforcement. There exists a host of reasons which may...
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Enforcement of administrative decisions
 Gebouský, Lukáš ; Kopecký, Martin (advisor) ; Rajchl, Jiří (referee)
This Master thesis is about the issue of execution of administrative decision, which are regulated in the Administrative Procedure Code. The thesis deals with the concept of Enforcement order and it defines the key points of enforcement order. This thesis seeks also to put this kind of enforcement in context with administrative proceeding and to describe every step before start of execution and also how to start process of execution. In chapter which contains process of execution itself, thesis examines procedural requirements of Execution's attachment, kinds of execution and order of steps done by an administrative authority. Thesis describes specific points of each kind of making an execution and it seeks to find characteristics of every kinds of administrative execution. Thesis seeks how to make execution without any violation of laws and maxims established by administrative law and without violation of laws and maxims from another branches of law too. Thesis is focused on executions on kind, which contains E.G. Eviction, removing of movable property (including rules about personal searching and flat's searching), enforcement fine etc. Executions in money are introduced only marginally in thesis and it describes issues in locations and competence of administrative authorities. Thesis contains...
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