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Incidental disputes in insolvency proceedings
Valdová, Lucie ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
The master's thesis deals with incidental disputes that arise and are decided within individual insolvency proceedings. The aim of this master's thesis is to develop a comprehensive interpretation of the issue of incidental disputes and to analyze their specifics, mainly because there are not many publications dealing comprehensively with incidental disputes in insolvency proceedings. With regard to the connection of incidental proceedings with provisions governing general civil court proceedings, a certain unsystematic nature of the insolvency law and a large amount of case law, the absence of such publications can cause interpretation and application difficulties. The first part is aimed at the general interpretation and characteristics of insolvency proceedings, bankruptcy and incidental disputes, including their positive list, which can be found in § 159, paragraph 1 of the Insolvency Act. The second part of the master's thesis is focused on the course of the incident dispute, from its initiation to the special regulation of the insolvency law regarding the reimbursement of legal costs. A separate chapter addresses the possibility of continuing an incidental dispute after the insolvency proceedings have ended. In the second part of the diploma thesis, the relationship between incidental...
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Notary - comparison in Czech and French legal system
Valter, Štěpán ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Notary - comparison in Czech and French legal system Abstract This thesis deals with the comparison of the notarial profession in the Czech and French legal system. The aim of the thesis is to compare selected legal institutes of the notarial profession from the perspective of Czech and French legislation. The institutes in question represent the basic parameters of the notarial profession and therefore the author also tries to reach a comprehensive view of notarial profession and to present it from the perspective of Czech and French legislation. The author tries to achieve these aims primarily by means of descriptive and comparative methods. The diploma thesis is divided into six parts, with each part dealing with a selected legal institute from the perspective of both Czech and French legislation. The first part deals with the general concept of notary public and its world concepts, which are the Latin-type notarial system and the Anglo-Saxon notarial system. The second part is devoted to the basic legal basis of the notarial profession. In both the Czech and French cases, it deals with the person of the notary and his/her office, the prerequisites for exercising notarial activities, the various ways of exercising notarial activities and the notary's staff. The third part of the thesis deals with the...
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Notary in the legal order of the Czech Republic and Australia
Šmídová, Kateřina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The main goal of this thesis, called "Notary in the legal order of the Czech Republic and Australia", is to introduce general principles of the notary's role in the Czech Republic and Australia with a subsequent comparison of these two codes and a description of their differences. The first part deals with the functions of a notary in the Czech Republic and introduces our regulation of a notarial office. The first chapter is dedicated to the history of the notarial office in the Czech lands. The next chapter presents the principal law regulations that set the notarial office's rules and notaries' powers. The subsequent chapter deals with the procedure and conditions of notary appointments and notarial office. Within the chapter, the notarial staff is introduced, as well as the reasons for removal from office. The fourth chapter, called "Notarial Powers", examines different functions of notaries, for example inheritance procedure or drawing up of Notarial Records. The further chapter illustrates what fees for notarial services are and how they are determined. The last chapter of the first part provides information about the lists and registers led by the Notarial Chamber of the Czech Republic. The second part of the thesis is devoted to notaries public in Australia. Similarly to the first part, the first...
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Inaction and delays in proceedings as disciplinary offenses of judge in the Czech Republic
Slivková, Kateřina ; Pohl, Tomáš (advisor) ; Zahradníková, Radka (referee)
Inaction and delays in proceedings as disciplinary offenses of judge in the Czech Republic Abstract The present rigorous thesis deals with the topic of disciplinary liability of judges in the Czech Republic, specifically the disciplinary offence of inaction and delays in proceedings, as the most frequently criticized ailment of the Czech judiciary, whether it is the lay or professional public. On the one hand, the thesis defines the theoretical framework and the legal regulation on which the issue of disciplinary offences of inaction and delays in proceedings is based (in particular Act No. 6/2002 Coll., on Courts, Judges, Judges and the State Administration of Courts and on Amendments to Certain Other Acts, as amended, and Act No. 7/2002 Coll, on proceedings in respect of judges, public prosecutors and bailiffs, as amended), but at the same time the rich case law of both the European Court of Human Rights relating to disciplinary proceedings in the Czech Republic and the Constitutional Court is presented, and last but not least the case law of the disciplinary chambers of the Supreme Administrative Court. The thesis presents an analysis of the decisions of the disciplinary chambers of the Supreme Administrative Court in the years 2008 - 2023, whereby the analysis examines the methods of decision-making...
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Procedural Role of the Insolvency Trustee
Matuška, Dominik ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Procedural Role of the Insolvency Trustee Abstract The subject of this rigorous thesis is the procedural status and role of the insolvency trustee as a sui generis procedural subject appearing in insolvency proceedings, which represents a special type of civil process that is characterized by the collective nature of enforcement and (partial) satisfaction of the debtor's creditors' claims and simultaneous settlement of the debtor's property relations according to the chosen method of bankruptcy resolution. The aim of the thesis, as its title suggests, is not a general description of the insolvency proceedings, however a thorough analysis of the procedural role and duties of the insolvency trustee during the performance of his obligations in insolvency proceedings. I try to achieve the stated goal by interpreting relevant legal regulations, Czech and foreign expert literature, relevant practice of the higher courts of the Czech Republic, and in some parts of the thesis I also provide my own thoughts and opinions on the given issue. The actual text of the thesis consists of an introduction, three main chapters, which are further divided into sub-chapters at several levels, and a conclusion, where the most important findings discussed in the text of the thesis are summarized. In the first chapter, as part of a...
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Preliminary injunctions in civil proceedings
Holubková, Nikola ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Preliminary injunctions in civil proceedings Abstract This diploma thesis deals with the issue of preliminary injunctions in civil proceedings, which are a means of achieving the fastest possible but only temporary protection of a endangered or violated right. Preliminary injunctions have a special function in the civil proceedings, and therefore their legal regulation includes special rules that differ from the regulation of ordinary proceedings. The thesis aims to explain the theoretical foundations of preliminary injunctions, to describe and interpret the current legal regulation of preliminary injunctions and the preliminary injunction proceedings contained in the Civil Procedure Code, but also to highlight the problematic issues of the procedure and the legal regulation and to suggest a suitable solutions. As for the structure, this thesis is divided into three parts. The first part summarizes the historical development of preliminary injunctions in the Czech legal system. The second part is theoretical and deals with the concept, purpose and characteristics of preliminary injunctions, the system of legal regulation, types of preliminary injunctions and the principles of preliminary injunctions proceeding. The third (last) part interpret the current legal regulation of preliminary injunctions. It...
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Discharge of debt from the insolvency practitioner's point of view
Koucký, Jiří ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
1 Discharge of debt from the insolvency practitioner's point of view Abstract The rigorous thesis provides a detailed view of the debt discharge process, as a remedial way of resolving the debtor's bankruptcy, from the perspective of the insolvency practitioner. It contains an overview of his duties and tasks in chronological order as he encounters them during the proceedings from the moment of his appointment until his dismissal. This demonstrates the amount of work and the need for sufficient professional qualifications of the practitioner. The individual chapters discuss some application or interpretation problems with a possible practical solution, based primarily on case law, opinions of experts, judges, literature and professional articles. These findings are sometimes supplemented by the author's opinion or a note about the method of insolvency practitioners or courts in practice. The thesis also deals with the financing of the insolvency practitioner's agenda in debt discharge and evaluation of whether it is sufficient due to the gradual increase of duties in this kind of insolvency proceeding in recent years, but also in connection with future changes in debt discharge, which currently brings European law. These changes are evaluated in terms of their impact on the debt discharge process, including...
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Incidental disputes in Czech and Europen law
Pume, Marek ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Incidental disputes in Czech and European law As disputed issues may arise during the insolvency proceedings which generally need to be resolved before the insolvency proceedings are concluded, but which may often be truly challenging to assess due to their nature, it is possible for the court to separate these disputes into ancillary insolvency proceedings, where these issues are put to rest and thus there is no need to burden the main proceedings. These disputes are referred to in the Insolvency Act as incidental disputes. This thesis describes the whole course of insolvency disputes, the characteristics and nature of all the different types of disputes designated as incidents by the law and their comparison with the European Union and German legislation. The first part of this thesis is devoted to the general regulation of the initiation and conduct of incidental disputes, which is similar to the regulation of ordinary court proceedings, and therefore the emphasis is placed on the differences between these regulations and on highlighting the essential institutes related to the disputes arising from insolvency proceedings. The chapter also discusses the nature of the decisions rendered in these proceedings, the specifics of the costs of the proceedings and the nature of the various special types...
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Inheritance proceedings with a focus on the transfer of the testator's debts
Fučíková, Tereza ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Inheritance proceedings with a focus on the transfer of the testator's debts Abstract This diploma thesis, entitled Inheritance proceedings with a focus on the transfer of the testator's debts, deals with inheritance proceedings as such with an emphasis on the transfer of the testator's debts to his legal successors and their settlement. The thesis is divided into four separate chapters. The first chapter contains a general introduction to the basic principles of civil procedural law, uncontested proceedings, and inheritance, to the purpose of inheritance proceedings, and to the sources of law on which the inheritance proceedings are based. Other subchapters are also devoted to defining the jurisdiction of the court and identifying the persons involved in the proceedings. The second chapter deals with the course of inheritance proceedings with a focus on the transfer of the testator's debts from its commencement to its final termination. The chapter discusses, among other things, the preliminary investigation, identification of the estate's assets and liabilities, separate subchapters are devoted to the reservation of the inventory and convocation of creditors. Furthermore, the discussion of the estate itself and the decision on the estate are discussed. The last subchapter briefly deals with the additional...
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eJustice in civil procedure
Souhrada, Jakub ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
eJustice in civil procedure Abstract This thesis deals with eJustice in civil proceedings, and specifically with electronic tools that can be used in civil proceedings. The purpose of the thesis was to describe and analyse the current legal regulation of the eJustice tools introduced so far from the perspective of civil proceedings using the descriptive method and the analytical method and to answer the research questions that the author asked in the introduction of the thesis. The thesis consists of seven chapters. The first chapter focuses on the relationship between eGovernment and eJustice. The second chapter provides an explanation of the concept of eJustice in civil proceedings. The third chapter maps the historical development of eJustice in the Czech Republic. The fourth chapter describes the goals set for eJustice. The fifth chapter discusses the individual eJustice tools applicable in civil proceedings, namely electronic communication tools, tools for payment of court fees, tools related to obtaining information necessary for a decision, tools related to random allocation of ideas, tools related to the course of court proceedings and tools through which courts provide information about their activities to the public. The sixth chapter evaluates the tools described and analysed in the previous...
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