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Protection and defence of the debtor in execution and in judicial enforcement of judgement
Zimmermann, Jaroslav ; Střeleček, Tomáš (advisor) ; Zahradníková, Radka (referee)
Protection and defence of the debtor in execution and in judicial enforcement of judgement Abstract This master's thesis focuses on the protection and defence of the debtor in execution and in judicial enforcement of judgement. It aims to provide a comprehensive discussion of the above mentioned issue and to highlight its shortcomings and debatable areas, while taking into account the differences between execution and judicial enforcement in terms of protection and defence of the debtor. The work is divided into three thematic parts, each of which is further divided into individual chapters and subchapters. The first part deals with the historical and general background of the protection and defence of the debtor. Modern history is not only important for tracing the development of particular legal provisions across historical events, but it is also a resource for a better understanding of contemporary law. General starting points in the form of constitutional foundations and procedural principles provide the terminological core of all subsequent parts of the thesis. The second part deals with some general instruments of protection of the debtor. The core area of this part, however, is the manifestations of the protection of the debtor in the context of execution and judicial enforcement. For the sake of...
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Commencement of an enforcement procedure by a licensed enforcement officer in comparison with an enforcement procedure ordered by a court
Kapitán, David ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The content of this thesis is the treatise on the two methods of the enforcement procedure in the frame of the civil procedure, whereas one of these methods is the enforcement procedure carried out by a court, with second method being the enforcement procedure by a licensed enforcement officer. The thesis is divided into thirteen chapters, whereas the author is, in the course of the individual chapters, emphasising mainly the common features as well as the outstanding differences between the aforementioned two methods of the enforcement procedure. Following the general introduction in the first chapter and a short outline of the issue at hand in the second one, is then the content of the third chapter the author's treatise on the enforcement orders as the basis for the enforcement of decisions, whereas each of the individual enforcement orders is dealt with in the frame of a separate subchapter. The content of the fourth chapter is the treatise on the court's course of action preceding the commencement of the enforcement procedure with reference to the regulation of the identical institutes in the course of the enforcement procedure carried out by a licenced enforcement officer and the fifth chapter deals with the issue of commencement applications as the mean of commencement of the procedure most...
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Selected Problems of the Contemporary Enforcement Procedure and Their Solutions for the Future
Řehák, Filip ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Selected Problems of the Contemporary Enforcement Procedure and Their Solutions for the Future Abstract in English Language The topic of the diploma thesis is selected problems of the contemporary enforcement proceedings in the Czech Republic and their potential solutions for the future. The aim of the diploma thesis is to analyse, describe and critically evaluate the valid and effective legal regulation of enforcement procedure de lege lata and then offer the reader a comprehensive reflection on various alternatives to the domestic legal system de lege ferenda with a comprehensive description of the positives and negatives of possible solutions. The diploma thesis consists of an introduction, four chapters and a conclusion. The first chapter introduces the reader to the methodology of the presented text, which is based on the content of individual chapters. The second chapter focuses on the theoretical basis of the enforcement procedure and presents the reader with the fundamental legal framework on which the following text will be based. Emphasis is placed primarily on the division of enforcement procedure as one of the types of civil proceedings and the identification of relevant legal sources. Attention is paid to the division of the two types of enforcement procedure. The third chapter attempts to...
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Enforcement of judgement and execution for maintenance and support of a minor
Vláčilová, Eliška ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
1 Abstract This rigorous thesis deals with the issue of judicial and execution recovery of maintenance for a minor child. The work is conceived as a comprehensive treatise on the topic. The first part includes the definition of the maintenance obligation, questions concerning the relevant aspects of determining the amount of maintenance on the part of both the obligated parent and the entitled child, and maintenance proceedings in the discovery procedure. The second part of the thesis contains a basic overview of the enforcement proceedings, the differences of the execution and judicial enforcement of the decision are defined. Work is mainly done with the execution regulation, as in practice prevailing for the enforcement of enforceable obligations. The thesis describes the execution process, including its individual subjects and preconditions for conducting execution, execution principles and execution titles. A substantial part of the work is devoted to general ways of execution, because the recovery of maintenance is to some extent a mere enforcement of pecuniary obligations and at the same time it is the ways in which maintenance is most often collected. The main part is the chapter dealing with the specifics of recovery of child support. Problematic aspects of the enforcement of a maintenance decision...
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Commencement of an enforcement procedure by a licensed enforcement officer in comparison with an enforcement procedure ordered by a court
Kapitán, David ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The content of this thesis is the treatise on the two methods of the enforcement procedure in the frame of the civil procedure, whereas one of these methods is the enforcement procedure carried out by a court, with second method being the enforcement procedure by a licensed enforcement officer. The thesis is divided into thirteen chapters, whereas the author is, in the course of the individual chapters, emphasising mainly the common features as well as the outstanding differences between the aforementioned two methods of the enforcement procedure. Following the general introduction in the first chapter and a short outline of the issue at hand in the second one, is then the content of the third chapter the author's treatise on the enforcement orders as the basis for the enforcement of decisions, whereas each of the individual enforcement orders is dealt with in the frame of a separate subchapter. The content of the fourth chapter is the treatise on the court's course of action preceding the commencement of the enforcement procedure with reference to the regulation of the identical institutes in the course of the enforcement procedure carried out by a licenced enforcement officer and the fifth chapter deals with the issue of commencement applications as the mean of commencement of the procedure most...
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Enforcement in system of social insurance and its social impacts.
ŽIŽKOVÁ, Marta
The topic of this bachelor thesis is the issue of procedure of social security insurance and allowance for state employment policy collection, procedure for debt recovery and securing of claims by all available legal means and evaluation of impacts on social situation of individuals. Social security insurance is, in addition to taxes, fees and custom duties, a revenue of state budget. It is based on the solidarity principle: young people help with their payments to the elderly, healthy people help ill people and people in a difficult life situation. The solidarity principle works reliably in all developed countries of the world. By collecting social security insurance, the State creates financial resources for implementation of fundamental social rights, which are guaranteed by international conventions and the Constitution of the Czech Republic, the Charter of Fundamental Rights and Freedoms. The main objective of this thesis is, based on interviews with payers of insurance premiums and document analysis, in the first part to make a survey of impact of recovery of claims in conducted execution proceedings into social situation of clients of District Social Security Administration Office in Strakonice and in the second part to determine to what extent the forced recovery of lawful duty has a share in deterioration of life situation of individuals. To achieve the defined goal I have chosen a method of document analysis, content analysis technique and secondary data analysis. As an additional method I used interviewing, the method of semi-structured interview. In order to obtain as much information about this topic as possible, I used qualitative research to collect primary data. The target group consisted of payers or former payers of insurance premiums who are also debtors of District Social Security Administration Office in Strakonice and whose insurance premium debt and penalty was recovered by administrative or judicial enforcement. Objective of the thesis has been achieved. Results of the research will raise awareness of the studied issues and may be used in practice during operation of executions in the district Social Security Administration offices.
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