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Incidental disputes in insolvency
Pavlů, Robert ; Sedláček, Miroslav (advisor) ; Holčapek, Tomáš (referee)
Incidental disputes in insolvency Abstract, key words This thesis focuses on the issue of incidental disputes in insolvency proceedings with an emphasis on the different types of such disputes, pointing out some problematic aspects of the current legislation. Incidental dispute is a special type of civil court proceedings, the purpose of which is to resolve issues that are central to the whole insolvency proceedings and cannot be resolved in the insolvency proceedings themselves and thus require separate attention. Decisions in such disputes can have a fundamental impact on the rights of litigants and third parties, which underlines their importance not only in the insolvency context. This thesis conducts a thorough analysis of the legal regulation of incidental disputes in insolvency proceedings, drawing on legislation, case law, specialist literature and, last but not least, the practical experience of the author as an assistant of an insolvency practitioner with a special authorization. The thesis first deals with the general concept of incidental disputes, their characteristics, legal regulation and the course of court proceedings concerning them. It then focuses on the different types of incidental disputes as provided for in the Insolvency Act and other relevant legislation. This thesis also refers...
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Incidental disputes in Czech and Europen law
Pume, Marek ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Incidental disputes in Czech and European law As disputed issues may arise during the insolvency proceedings which generally need to be resolved before the insolvency proceedings are concluded, but which may often be truly challenging to assess due to their nature, it is possible for the court to separate these disputes into ancillary insolvency proceedings, where these issues are put to rest and thus there is no need to burden the main proceedings. These disputes are referred to in the Insolvency Act as incidental disputes. This thesis describes the whole course of insolvency disputes, the characteristics and nature of all the different types of disputes designated as incidents by the law and their comparison with the European Union and German legislation. The first part of this thesis is devoted to the general regulation of the initiation and conduct of incidental disputes, which is similar to the regulation of ordinary court proceedings, and therefore the emphasis is placed on the differences between these regulations and on highlighting the essential institutes related to the disputes arising from insolvency proceedings. The chapter also discusses the nature of the decisions rendered in these proceedings, the specifics of the costs of the proceedings and the nature of the various special types...
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Incidental disputes in enforcement proceedings
Doubravová, Barbora ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The thesis deals with current legal regulation of incidence contentions, which can occur in the enforcement proceedings. The thesis consists of 3 chapters. The introductory chapter of the thesis deals with the introduction of the basic terminology, historic background, attributes of civil procedure and differences betweenen forcement proceedings and exekutory proceedings. It is essential to bear in mind that for a very purpose of this thesis a term "enforcement proceedings" refers to the civil execution on the one hand, and the enforcement procedure on the other. Among others, folowing disputes have been tackled: disputes about enforcement, exclusive contentions and last, but not least Third-Party Debtor disputes. Disputes which emerge from both types of civil enforcement proceedings are currently not regulated in the Execution Law and must therefore be governed by the rule of Civil Procedure. Principal diferences among certain types of disputes consist in particular in the phase of proceedings in which each dispute shall be addressed. While disputes about enforcement shall be settled in the phase of enforcement proceedings, the others shall then be transfered back in to the phase of adversarial proceedings. Second chapter deals with disputes about enforcement and its characteristics. Third chapter...
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Incidental disputes in proceedings for the enforcement of decision
Nešporová, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The theme of this diploma thesis is the Incidental disputes arising from the proceedings for the enforcement of judgments (execution). This topic is very actual because of the increasing number of execution proceedings. The aim of this thesis was to present the category of incidental disputes in general and further present the incidental disputes that may arise in execution proceedings complexly, outline their position in legal code, and describe their purpose, nature and features that are typical for them. Apart the introduction and conclusion the thesis contains eight chapters in total. The first chapter deals with the category of incidental disputes in general and their classification, wherefore is further divided into three subchapters, where is generally dealt with the concept of incidental dispute, further subchapter is focus on the proceedings for the enforcement of judgments and execution proceedings including the brief outline of their historical progress. The end of the first chapter is related to the general and specific principles, on which the execution proceedings is built. The second chapter is dedicated to the incidental disputes in execution proceedings, or rather executional disputes and their classification from various points of view, especially the classification into disputes...
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Disputes arising from proceedings for the enforcement of judgments
Novotný, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Abstract The aim of this thesis is an integral organization of the incidental disputes that may arise in the execution proceeding, a description of their nature, an outline of their purpose and characterization of important features. The result of my efforts should be a structured and comprehensive overview of the incidental disputes. The approach, which I used in order to achieve the marked objective, rests in the creating of the basic description of individual incidental disputes, in the analysis of their elements and in the comparison of different concepts. Apart form the introduction and conclusion the thesis contains a total of two chapters, which are further divided into subchapters and parts. The first chapter contains altogether four subchapters and the second chapter contains six subchapters. The first chapter discusses the execution proceeding and the incidental disputes in general. First of all, the thesis begins with the first subchapter with a brief outline of the history of execution proceeding along with the lay out of the first occurrences of the various institutes of incidental actions. Subsequently, in the second subchapter the execution proceeding is conceptually defined in accordance with the state of today's jurisprudence. The third subchapter, that deals with the main principles on...
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Incidental disputes in enforcement proceedings
Doubravová, Barbora ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The thesis deals with current legal regulation of incidence contentions, which can occur in the enforcement proceedings. The thesis consists of 3 chapters. The introductory chapter of the thesis deals with the introduction of the basic terminology, historic background, attributes of civil procedure and differences betweenen forcement proceedings and exekutory proceedings. It is essential to bear in mind that for a very purpose of this thesis a term "enforcement proceedings" refers to the civil execution on the one hand, and the enforcement procedure on the other. Among others, folowing disputes have been tackled: disputes about enforcement, exclusive contentions and last, but not least Third-Party Debtor disputes. Disputes which emerge from both types of civil enforcement proceedings are currently not regulated in the Execution Law and must therefore be governed by the rule of Civil Procedure. Principal diferences among certain types of disputes consist in particular in the phase of proceedings in which each dispute shall be addressed. While disputes about enforcement shall be settled in the phase of enforcement proceedings, the others shall then be transfered back in to the phase of adversarial proceedings. Second chapter deals with disputes about enforcement and its characteristics. Third chapter...
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