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Legal disputes caused by execution and bankruptcy proceedings
Vepřková, Petra ; Smolík, Petr (advisor) ; Zoulík, František (referee)
The aim of this thesis is to define the disputes arising from the execution and bankruptcy proceedings, to categorize them to the systematic framework, to outline their nature and to create a comprehensive overview about these disputes. The thesis is devided into three chapters, which are subdevided into subsections and parts. The first chapter of this work is aimed to the general issues, that have the influence on creating and forming of disputes resulting from the execution and insolvency proceedings, because it would be impossible to capture this topic coherently without these initial premises. Thereof, there are incorporated the conceptual definition of the execution proceedings and the principles of the execution proceedings, particularly considering the principle of protection of the obliged person and the principle of protection of third parties. In the part dealing with the aspects that form the disputes in the insolvency proceedings there are indicated the historical development of the insolvency, the overall characteristic of the insolvency proceedings, its specific principles and the difference from the former legislation. Further, for making a general overview of disputes arising from the execution and insolvency proceedings, there is also included in the first chapter the classification...
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Court's executions by sale of movables
Erbová, Martina ; Smolík, Petr (referee) ; Mikeš, Jiří (referee)
1. Abstract The English version: I chose court's execution by sale of movables as a topic for my thesis because it's a part of daily routine in my current profession. Execution is an important topic in the current society and it should be natural that everybody understands basic institutes of legal provisions in execution proceeding. I analyze not only the current legal provision for execution proceedings. I assess specific law institutes that are connected with legal proceedings. I also assess the changes that can occur in the legal framework in the future and that government tries to pass. I also point out an issue of the current two-way character of court's execution done on the basis of Code of Civil Procedure with execution done by executor on the basis of Code of execution.
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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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Sale of Real Estate as a method of Execution
Pilzová, Lenka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
I chose the topic of this thesis in connection with constantly increasing number of court's execution done on basis of Code of Civil Procedure with execution done by executors on the basis of Code of Execution and plenty of related theoretical and practical problems. The thesis focuses on the sale of real estate because it is one of the most serious intervention to the debtor's property. This thesis is devided into the chapters according to their importance from the general principles to the detailed views on the institutes within the chosen topic. In my thesis I also analyze the differences between the law in force now and the same law in force earlier. I also point out an issue of the two-way character of court's execution done on basis of Code of Civil Procedure and execution done by executors on the basis of Code of Execution. At the end I deal with the issues related to the topic of this thesis which I could not put into the text earlier. Powered by TCPDF (www.tcpdf.org)
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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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Civil enforcement and tax enforcement (a comparison)
Černoch, David ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The purpose of my thesis is to compare civil enforcement and tax enforcement. My thesis also investigates which proceedings is more effective. Civil enforcement is the legal proceedings regulated in Act No. 120/2001 Sb. On Executors and Execution Proceedings. Tax enforcement is regulated in different Act No. 280/2009 Sb. Tax Code. Both legal institutions are designated to enforce legal decision with order to pay the money. There are different subjects applies the law in these legal proceedings. The aim of the civil enforcement is enforce a debt for human beings or artificial person, but tax enforcement is used for enforce receivable of state to state budget or to different public budget. I describe this differences in my thesis. The thesis is composed of eight chapters, each of them contains analysis of important parts these legal adjustments. Chapter one is introductory and shows goal and purpose of the thesis. This chapter also explains terms which are used in the thesis. Chapter two focuses on history of civil enforcement and tax enforcement. Chapter three characterizes subjects in the proceedings and is subdivided into four parts. Chapter four is subdivided into four parts too. This chapter explicates the role of court in enforcement proceedings. Civil courts has different significance for civil...
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Review of an execution title under loan agreements and stay of execution
Šperková, Kateřina ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
Review of an execution title under loan agreements and stay of execution Abstract The rigorous thesis deals with the issue of substantive review of execution titles and stays of executions. Although execution courts are supposed to examine only the conditions of formal and substantive enforceability of an execution title in the execution proceedings, the current jurisprudence suggests that execution courts even tend to review execution titles from the substantive point of view. The rigorous thesis should thus serve as a document that would summarize the issue of review of an execution title, show the development of this issue through a summary of key case-law and, in particular, highlight all the circumstances and requirements that the execution courts, and consequently, the enforcement authorities, deal with in practice in connection with the review of an execution title and what impact such a review may have on the beneficiaries, i.e. for the creditors. The aim is to answer the question whether the examination of eligibility of the execution title from all points of view defined by the case-law continues to fulfil the general premise of execution proceedings on the impossibility to review the substantive correctness of an execution title, or whether, for example, the examination of adequacy of the benefit...
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Invalidity of Arbitration Clauses - Development of Case Law and Practikal Implications
Číhal, Jan ; Pohl, Tomáš (referee)
This diploma thesis mostly analyses case law, concerning invalidity of arbitration clauses. The thesis analyses how the courts have been dealing with key arbitration issues which arose in recent years. The diploma thesis defines common reasons for arbitration clauses' invalidity and points out the current case law's conclusions. The thesis also stresses the implications of arbitration clause's invalidity on enforcement and insolvency proceedings and points out problematical aspects of the current case law.
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Invalidity of Arbitration Clauses - Development of Case Law and Practikal Implications
Číhal, Jan ; Pohl, Tomáš (referee)
This diploma thesis mostly analyses case law, concerning invalidity of arbitration clauses. The thesis analyses how the courts have been dealing with key arbitration issues which arose in recent years. The diploma thesis defines common reasons for arbitration clauses' invalidity and points out the current case law's conclusions. The thesis also stresses the implications of arbitration clause's invalidity on enforcement and insolvency proceedings and points out problematical aspects of the current case law.
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Reimbursement of costs in trial proceedings and enforcement proceedings
Jelínek, Lukáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of the thesis Reimbursement of costs in trial proceedings and enforcement proceedings is to provide a comprehensive view of the legal regulation on the topic of reimbursement of costs in trial and enforcement proceedings and subsequently to critically evaluate this regulation and to try to find a way to more appropriate solutions. The thesis consists of an introduction, two parts dealing separately with the reimbursement of costs in trial proceedings and the reimbursement of costs in the enforcement proceedings and a conclusion. The introduction specifies the topic of the thesis and its purpose. The first part of the thesis, which covers the reimbursement of costs in the trial proceedings, is divided into seven chapters. The first chapter generally defines the concept of costs. The second chapter then describes the specific types of costs that may be incurred in trial proceedings. The third chapter discusses the aspect of efficiency of costs, which is a very important factor in the decision to pay the costs. The subject of the fourth chapter is the specification of the obligation to pay the costs. The fifth chapter describes in detail the reimbursement of costs of the contentious trial proceedings, both in terms of legislation and in terms of general principles that are relevant to the...
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