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Comparative study of the czech and spanish legal regulation of the sale of real estate belonging to obligated party within the execution proceedings
Strnad, Silvio ; Pohl, Tomáš (referee)
The submitted thesis deals with the legal issues of execution proceedings of the sale of real estate belonging to obligated party from a comparative point of view. The thesis compares the Czech and Spanish legal regulations of the chosen narrower topic in the field of execution. The comparison relates both to legal regulation included in the OSŘ and EŘ reciprocally, but also OSŘ, EŘ to LEC as the foreign legal regulation. The first part of the thesis deals with executions generally and the execution proceedings with particular principles of the execution proceedings and the particular ways of distrain. This section also provides examples of the executions illustrated by the sale of real estate and compares particular legal regulations related to the course of the execution of judgment up to chosen particular way of distrain - the sale of real estate belonging to obligated party. The second part of the thesis deals only with the comparison of selected legal regulations about the sale of real property belonging to obligated party in the terms of execution proceedings.
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Comparative study of the czech and spanish legal regulation of the sale of real estate belonging to obligated party within the execution proceedings
Strnad, Silvio ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The submitted thesis deals with the legal issues of execution proceedings of the sale of real estate belonging to obligated party from a comparative point of view. The thesis compares the Czech and Spanish legal regulations of the chosen narrower topic in the field of execution. The comparison relates both to legal regulation included in the OSŘ and EŘ reciprocally, but also OSŘ, EŘ to LEC as the foreign legal regulation. The first part of the thesis deals with executions generally and the execution proceedings with particular principles of the execution proceedings and the particular ways of distrain. This section also provides examples of the executions illustrated by the sale of real estate and compares particular legal regulations related to the course of the execution of judgment up to chosen particular way of distrain - the sale of real estate belonging to obligated party. The second part of the thesis deals only with the comparison of selected legal regulations about the sale of real property belonging to obligated party in the terms of execution proceedings.
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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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Court decisions in execution proceedings
Suchánková, Hana ; Macková, Alena (advisor) ; Smolík, Petr (referee)
The purpose of this submitted rigorosum thesis titled "Court decisions in execution proceedings" is analysis of the legal regulation of execution proceedings affecting procedure and decision-making by courts during these proceedings, focusing on individual amendments and the related changes to selected provisions of the Execution Code, their mutual comparison, assessment of the suitability of their adoption and consideration whether their benefits in the form of "dis-encumbrance" of the courts predominate over the possible risk of potential excess by bailiffs. The scientific methods used to achieve the defined goals included the descriptive method, supplemented by the analytical method and also the comparative method. This work consists of three chapters. The introduction presents the most important amendments to the Execution Code regulating decision-making by courts and subsequently defines the goals of this thesis and the specified scientific methods used to achieve the goals of this thesis. The first chapter is devoted to the history of execution proceedings from Roman law regulations to acceptance of the Execution Code (Act No. 120/2001 Coll.). The second chapter discusses current regulation of execution proceedings, focusing on the standing of the bailiff and his procedure within the...
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Court adjudications in executory proceeding
Mikula, Ondřej ; Winterová, Alena (advisor) ; Macková, Alena (referee)
This Rigorous Thesis titled "Court adjudications in executory proceeding" discusses selected adjudication activities by courts of law within the terms of execution proceedings. This work focuses on specific types of court judgments, on judgments to order execution, judgments to discontinue execution proceedings, or judgments to suspend execution proceedings. This treatise discusses selected execution institutions (judgments) in question and procedures by courts of law during their application, outlines current issues concerning interpretation, compares selected adjudications by courts of law during execution proceedings with legal regulation in Slovakia, as well as outlining deficiencies in legal regulations and proposing legislative changes within the terms of execution proceedings de lege ferenda. This treatise also contemplates the possibility of implementation of the territoriality principle into our legal order, including description of legal regulation concerning territoriality in neighbouring Poland.
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A minor as debtor in proceedings to enforce judgment (by judicial officers or private enforcement agents)
Procházková, Michaela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This Master's thesis describes the position of a minor debtor in enforcement proceedings. The aim of this thesis it to, first, provide with a complex summary of the issue, concerning primarily topical questions which are discussed by experts in connection with childrens' indebbtedness, and second, to further identify the key drawbacks regarding the enforcement proceedings against minor debtors, with an offer for a solution. The thesis is subdivided into two parts. In the first part, there is the notion of a minor defined - for the purposes of this text, a minor is a person who is younger than eighteen years old and, concurrently, who was not emancipated by a court. The following chapters describe the protection of a minor in the legal system in general, where there are principles of best interest of a child and the right of a child to be respected in their opinion described. Further, the procedural protection of a minor is discussed, concerning primarily the procedural specifics of trials where a minor is a party to the case, including enforcement proceedings. Proper representation of a minor and provision of information to minors is emphasized within the chapter. At the very beginning of the second part, enforcement proceedings is described, and then the particulars of this proceedings are...
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Recovery of Debts
Šestáková, Romana ; Urbášek, Vratislav (referee) ; Musilová, Helena (advisor)
The main subject of my bachelor thesis is a recovery of the outstanding claims, its methods and relevant legal instruments. A special part of my thesis is focused on the definition of the legal terms, e.g. Execution of the Resolution, Execution, Claim, etc. Furthermore, the comparison of the terms Execution of the Resolution and Execution itself is a part of my thesis. The legal position of the Executor as a relatively new institution on this field according to law of the Czech Republic also creates a special part of my work. The another part of my work contains the summary of the legal procedure of the execution and presentation of some practical examples.
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