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Service of documents in administrative proceedings
Drábková, Tereza ; Svoboda, Petr (advisor) ; Handrlica, Jakub (referee)
V ANGLICKÉM JAZYCE The thesis focuses on service of documents in administrative proceedings. At the beginning of the thesis, the used terminology and constitutional framework are defined. The main part deals with the two main forms of delivery, an electronic and a documentary form. Regarding the excessive use of electronic communication in today's society, the electronic form is described in detail. Afterwards, the thesis deals with the issue of the service of documents to foreign countries and defects that may occur during the delivery. Many uncertainties and questions have arisen putting an information system of data boxes and using of data boxes for communication between entities and administrative bodies into operation. The author therefore dedicated a considerable attention to this topic. Attention is also paid to the institute of electronic signature. This institute was adopted in the Czech legislation in accordance with European legislation. Elaborating this thesis, the author used primary legal sources, literature both domestic and foreign origin, and public information sources.
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Nullity and inefficacy of legal acts in bankruptcy proceedings
Židuliaková, Rebeka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Nullity and inefficacy of legal acts in bankruptcy proceedings This thesis deals with description of nullity and inefficacy institutes of legal acts, especially with focus on bankruptcy proceedings. Such legal acts shorten the debtor's assets and the institutes of nullity and inefficacy allow to return the lost property back to the debtor's assets. This thesis is divided into six chapters which are subdivided into subchapters whilst the most important part is formed by chapters 4. and 5. The first chapter deals with the basic definition of bankruptcy proceedings, it also describes the basic principles and principles of bankruptcy proceedings which are also important for understanding the institutes of nullity and inefficacy of legal acts. There is approached the issue of the actionability of legal acts in bankruptcy proceedings in general view and in the whole chapter's conclusion I have highlighted the criminal law overlap of this topic with focus on the offense of favoring the creditor. The second chapter provides a historical excursion, not only in the context of nullity and inefficacy legal acts but also in the context of bankruptcy proceedings development as a whole and its approximation to the current legal regulation. The third chapter deals with nullity and inefficacy under civil law, or...
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Usurious contracts within the context of civil law
Šejdová, Kateřina ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Central point of the thesis at hand is the effort to clarify legal consequences arising out of the conclusion of the usurious contract. Its primary aim is to determine whether the usurious contract is voidable or rather null and void and whether it is possible to uphold the usurious contract either by applying the concept of partial invalidity or by judicial balancing of the grossly disproportionate considerations arising out of the usurious contract. This thesis is structured into two parts. The first chapter of the first part briefly introduces paradigms of the rules related to the usury. The second chapter analyzes individual characteristics of the usury. In the third chapter author argues for the possibility to review the contracts (showing the disproportion of considerations, defects of the abused's will and the element of abuse, however, not fulfilling all the characteristics of the usurious contracts due to narrow definition of the usury) by the good-manners-test. Second part of this thesis is divided into three chapters. The first chapter analyzes consequences resulting from the violation of the usury prohibition and their impact on the usurer's and the abused's legal position. This chapter also deals with the difficulties in terms of interpretation of rules governing invalidity of legal...
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Service of documents in administrative proceedings
Drábková, Tereza ; Svoboda, Petr (advisor) ; Handrlica, Jakub (referee)
V ANGLICKÉM JAZYCE The thesis focuses on service of documents in administrative proceedings. At the beginning of the thesis, the used terminology and constitutional framework are defined. The main part deals with the two main forms of delivery, an electronic and a documentary form. Regarding the excessive use of electronic communication in today's society, the electronic form is described in detail. Afterwards, the thesis deals with the issue of the service of documents to foreign countries and defects that may occur during the delivery. Many uncertainties and questions have arisen putting an information system of data boxes and using of data boxes for communication between entities and administrative bodies into operation. The author therefore dedicated a considerable attention to this topic. Attention is also paid to the institute of electronic signature. This institute was adopted in the Czech legislation in accordance with European legislation. Elaborating this thesis, the author used primary legal sources, literature both domestic and foreign origin, and public information sources.
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Action for the failure of justice
Šrámková, Lucie ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
1 SUMMARY The nullity plea is one of the three extraordinary remedies provided for in the Civil Procedure Code. Its purpose is to correct substantial procedural errors that occurred in judicial decisions or in the preceding civil proceedings. If one of the nullity grounds, regulated by Article 229 of the Civil Procedure Code, is present and all other conditions of admissibility are fulfilled, the court cancels the earlier final decision which terminated the proceedings, regardless of whether or not it is correct from the matter-of-fact point of view. The nullity plea represents a unique institute that solves the conflict between the interest in protecting legal certainty founded by a final decision of the court, and the interest in a defective decision being eliminated. The conditions of its admissibility are therefore set so as to only limit its application to cases in which the second interest prevails. The purpose of the diploma thesis is to provide a complex analysis of the nullity plea, in particular the conditions of its admissibility and the proceedings pertaining thereto. It is divided into six chapters. Chapter One describes the historical development of the nullity plea; nevertheless, it is not only restricted to this institute, but also contains a description of other remedies which were used to...
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Declaration of nullity of marriage due to defective consent to marriage under CIC/1983
Magda, Juraj ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
The The Diploma Thesis deals with the institute of Catholic marriage, also called matrimony, and aims to provide detailed analyses on nullity of matrimony due to invalidity of matrimonial consent and its declaration. Firstly, the Thesis states a definition of matrimony with respect to Sacrament of Marriage being governed by the divine law, the canonical law, and, in regards to certain effects, the civil law. Pursuant to Code of Canon Law [CIC], 1983, canon 1055, §1, the matrimonial covenant, by which a man and a woman establish between themselves a communion of the whole life, is by its nature ordered toward the good of the spouses and procreation and education of offspring. Hence, marriage is a contract by which a man and a woman become irrevocably united, the Code of Canonic Law set up essential properties of marriage obligationes matrimonii essentialis, which are not to be excluded by either contractants. The Thesis further provides commentary on the grounds for the invalidity of the matrimonial consent, by descripting the reasons for nullity of matrimony which are defined by the Code of Canon Law, and can be grouped under these main causes: serious mental incapacity, incapacity to assume obligations, ignorance, error of person,simple error, fraud, simulation, conditional marriage, force and...
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The relevance of the Munich Accord in the czechoslovakia - german relationships during 1938 - 1973
Jirmářová, Radka ; Stellner, František (advisor) ; Soběhart, Radek (referee)
This thesis proved, that in the Czechoslovakia they didn't negotiate about the Munich Accord only in the sixties and seventies, but also immediately after the beginning of the Second World War. The arguments for its nullity brought E. Beneš and his colleagues. In 1945 the Czechoslovak government delt with this problem by tranfering the German inhabitants. The Munich Accord appeared again in 1967, when Czechoslovakia wanted to cooperate with Federal republic of Germany within the Ostpolitik. Finally, the problem was definitely solved in 1973, when both of the states signed and ratificated a Treaty on Bilateral Relations.
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