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Enforcement of non-pecuniary performance by court or private enforcement officers
Lambertová, Magdalena ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Enforcement of non-pecuniary performance by court or private enforcement officers Abstract The subject matter of this diploma thesis is a description of enforcement of non-pecuniary performance by a court or private enforcement officers. Thesis emphasize the importance of effective civil law enforcement in the state and focuses on the important role of the private enforcement officers in this specific kind of civil procedure. Enforcement proceedings, or at least the threat of application of its provisions to obligors who do not comply voluntarily, guarantee that enforceable court decisions are legally binding and have legal consequences, as such these are not mere declarations of the participant subjective rights, but can be enforced by the power of a state. The first chapter of this thesis defines basic distinction of two different nevertheless similar legal procedures which are civil law enforcement by a court and civil law enforcement by private enforcement officers. It deals with the basic differences between these two types of legal enforcement proceedings and the specific position of the private enforcement officer in the system of justice, who is simultaneously executing public authority and is also an entrepreneur with the intention to make a profit. The second chapter of this thesis describes the...
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Enforcement of non-monetary receivables in an enforcement procedure led by a licensed enforcement officer
Kapitán, David ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
This rigorous thesis deals with what its author considers a rather neglected topic of enforcement of non-monetary claims by licensed enforcement officers. Apart from the introductory and the final sections, it is divided into a total of eleven chapters, in which the author first describes individual methods of enforcing non-monetary claims, then follows with an analysis of their common principles. After a general introduction, the author shortly examines the concept and problematics of enforcement, while the second chapter is dedicated to enforceable titles imposing non- monetary obligations and the third chapter to the commencement of enforcement proceedings. Following chapters then analyse individual methods of enforcing non-monetary claims. The fourth chapter deals with eviction, its preparation, execution and the steps immediately following it; the fifth chapter deals with recovery of unlawfully held property, i.e. the very act of confiscation by the enforcement officer as well as the eventual procedure in case the confiscated property cannot be found; the sixth chapter deals with partition of property, both by its sale and by physical separation. The seventh chapter deals with completion of works and other performances, both substitutable and non-substitutable, while the eight chapter deals...
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