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The writ of execution and the authorization of a licensed executor
Matušincová, Eva ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The following diploma thesis is called "The writ of execution and authorization of a licensed executor". I have chosen this theme because this execution and execution procedure is a dynamically developing part of the civil law and has been changed substantially in recent years. I deal mainly with the legislation in regards to the petition for an execution order, an execution order as well as a termination of authorization of an licensed executor to carry out the execution. The aim of the thesis is to acquaint the reader with current legislation, compare current legislation with previous legislation and identify ambiguities and issues encountered in practice. The thesis is divided into five chapters. The first one is a preface and the last a conclusion. The second chapter deals with the petition for an execution order, especially requirements, defects and their remedies. Further, I pay attention to execution title and its particular types. In the end I outline the possibility of the proposed limitations on the territorial scope of an licensed executor de lege ferenda. The third chapter deals with the execution procedure and authorization of a licensed executor. I describe how the court can decide on the petition for the execution order. Separately I deal with an execution decision, its delivering,...
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Problematic aspects of selected executive titles
Bosáková, Nikol ; Frintová, Dita (advisor) ; Macková, Alena (referee)
This rigorous thesis deals with the problematic aspects of selected executive titles I came across in the performance of my office as an assistant judge at the District Court in Ostrava. The choice of enforcement titles was purely subjective. The aim was therefore to provide a comprehensive and versatile view of issues of enforcement titles, both from theoretical and practical points of view. Within the specified scope of the thesis, I came up with the concept of this thesis by trying to define the very concept of execution (seizure), writ of execution, and their material and formal enforceability. After the introductory first chapter, the central part of the thesis follows, where I tried to analyse the individual types of execution titles, namely a notarial record with permission for enforceability, a writ of execution with permission for enforceability, and arbitration. I believe that at the present time, the Institute of Arbitration is still relatively often used in society. This chapter is devoted to the largest part of the work, as the development of the legal regulation revealed quite serious procedural and legal deficiencies in application practice. The thesis also seeks to analyse shortcomings in the legal regulation of selected writs of execution, and to confront them with the...
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The writ of execution and the authorization of a licensed executor
Matušincová, Eva ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The following diploma thesis is called "The writ of execution and authorization of a licensed executor". I have chosen this theme because this execution and execution procedure is a dynamically developing part of the civil law and has been changed substantially in recent years. I deal mainly with the legislation in regards to the petition for an execution order, an execution order as well as a termination of authorization of an licensed executor to carry out the execution. The aim of the thesis is to acquaint the reader with current legislation, compare current legislation with previous legislation and identify ambiguities and issues encountered in practice. The thesis is divided into five chapters. The first one is a preface and the last a conclusion. The second chapter deals with the petition for an execution order, especially requirements, defects and their remedies. Further, I pay attention to execution title and its particular types. In the end I outline the possibility of the proposed limitations on the territorial scope of an licensed executor de lege ferenda. The third chapter deals with the execution procedure and authorization of a licensed executor. I describe how the court can decide on the petition for the execution order. Separately I deal with an execution decision, its delivering,...
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