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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 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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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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