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Bill of exchange proceedings in the Czech Republic
Brabencová, Jana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis named "Bill of exchange proceedings in the Czech Republic" describes the course of bill of exchange proceedings under the Czech law from its commencement, issuing of a decision on merits till the enforcement of the decision. The thesis focuses on the specifics of the bill of exchange proceedings as a summary proceedings and issues which arise out of it. It deals with problems connected with the new legislation governing from January 1, 2014 the delivery of the judicial order to pay in a form of bill. It looks on the position of a drawee in the hearing where his objections against the judicial order to pay in form of a bill are considered. The thesis deals with the issue of admissibility of objections and the 15 days period to file the objections. It considers the position of drawees - defendants which are in separate joinder of parties on the side of defendants. If also focuses on new institutes connected with deciding about costs of the proceedings. The first chapter discuss a bill of exchange as a security. The following chapters (second till sixth) in accordance with the course of the proceedings deals with the action with a motion to issue a judicial order to pay in a form of bill, its issuance, delivery and with the hearing of the objections. The activity of the court before...
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Bill of exchange proceedings in the Czech Republic
Brabencová, Jana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis named "Bill of exchange proceedings in the Czech Republic" describes the course of bill of exchange proceedings under the Czech law from its commencement, issuing of a decision on merits till the enforcement of the decision. The thesis focuses on the specifics of the bill of exchange proceedings as a summary proceedings and issues which arise out of it. It deals with problems connected with the new legislation governing from January 1, 2014 the delivery of the judicial order to pay in a form of bill. It looks on the position of a drawee in the hearing where his objections against the judicial order to pay in form of a bill are considered. The thesis deals with the issue of admissibility of objections and the 15 days period to file the objections. It considers the position of drawees - defendants which are in separate joinder of parties on the side of defendants. If also focuses on new institutes connected with deciding about costs of the proceedings. The first chapter discuss a bill of exchange as a security. The following chapters (second till sixth) in accordance with the course of the proceedings deals with the action with a motion to issue a judicial order to pay in a form of bill, its issuance, delivery and with the hearing of the objections. The activity of the court before...
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Proving in process of termination and settlement of community property of spouses
Brabencová, Jana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Proving in the process of termination and settlement of community property of spouses This thesis deals with the issue of evidence in civil proceedings in the process of termination and settlement of community property of spouses, primarily from the point of view of civil procedural law. However, it is necessary to discuss briefly the issues of civil substantive law. Therefore, Chapter One analyses general questions about community property of spouses as a concept of civil substantive law - the formation, alteration, termination and settlement of community property. The following chapters are listed according to the course of civil proceedings. Chapter Two focuses on the commencement of civil proceedings and the trial. Chapter Three concentrates on evidence. First, it answers some general questions about evidence and then it addresses the issue of evidence specifically in the process of termination and settlement of community property. Next it focuses on the stages and general principles of evidence, on the concept and the subject of proving and on individual means of proof. Subsequently, the thesis scrutinizes the position of the court and the parties to a case in the proving process and deals with the issue of burden of allegation and burden of proof. Furthermore, the chapter summarizes the...
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