|
|
Incidental disputes in proceedings for the enforcement of decision
Nešporová, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The theme of this diploma thesis is the Incidental disputes arising from the proceedings for the enforcement of judgments (execution). This topic is very actual because of the increasing number of execution proceedings. The aim of this thesis was to present the category of incidental disputes in general and further present the incidental disputes that may arise in execution proceedings complexly, outline their position in legal code, and describe their purpose, nature and features that are typical for them. Apart the introduction and conclusion the thesis contains eight chapters in total. The first chapter deals with the category of incidental disputes in general and their classification, wherefore is further divided into three subchapters, where is generally dealt with the concept of incidental dispute, further subchapter is focus on the proceedings for the enforcement of judgments and execution proceedings including the brief outline of their historical progress. The end of the first chapter is related to the general and specific principles, on which the execution proceedings is built. The second chapter is dedicated to the incidental disputes in execution proceedings, or rather executional disputes and their classification from various points of view, especially the classification into disputes...
|
|
|
Entities of execution proceedings.
Schmidtová, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
I have chosen the topic of this diploma thesis for its relevance. The number of ordered executions is still high and the ratio between rights and obligations on the part of individual subjects of the execution proceeding is unclear. The diploma thesis discusses subjects of the execution proceeding according to the Execution Procedure Act. It analyses who can be subject and participant of the execution proceeding, the status of the subjects, their role in execution proceeding and also their rights and duties. The aim of the diploma thesis is to compare the position of individual subjects, describe how the execution can affect lives not only of the obligated and entitled subjects but also lives of third parties and to elaborate on future legislation. The diploma thesis is, except for the introduction and the conclusion, divided into ten chapters. The beginning is devoted to general questions regarding subjects and participants of the proceeding and the proceeding itself. Then it discusses individual subjects of the execution proceeding. The last chapter focuses on the discussion about future legislation.
|
|
|
Order to Pay Costs of Jundgment Enforcement
Krejčová, Jana ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Thesis Order to Pay Costs of Judgment Enforcement describes the most important aspects of judgment enforcement proceedings in relation to its costs and decisions about them, with focuses in more detail on the order to pay costs of judgment enforcement, as a specific mean of bailiff's decision. The first part deals with the judgment enforcement in general. There are explained the basic concepts relating to enforcement proceedings, which the thesis deals with, presented sources of enforcement law and for a better understanding to these chapters and necessary insight, there is also briefly outlined the actual course of enforcement proceedings. The thesis in its second part deals with the costs that the bailiff decides about with order to pay the costs of judgment enforcement, which are therefore essential part of the paper. Since the cost of judgment enforcement are widely discussed as very hot topic, the thesis deals with them in a more detailed way, taking into account not only the laws but also the case law regarding the amount and its compensation. The third part describes the actual area of bailiff decisions of cost of judgment enforcement and deals with different types of decisions, which determines the costs, depending on how the judgment enforcement proceeding ends. It deals with not only the...
|
|
|
A notary in the legal order of the CR
Rodová, Hana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The aim of my master's thesis titled "A Notary in the legal order of CR" is to completely describe role and position of notary public on in our republic. This legal profession has a deep roof in history and long tradition and today is very credible in public view. Position of notary is very special primarily because some results of notarial work are considered as public documents. This is consequence of deputation public competence from the stat to notary, nevertheless notary remains liberal profession. The thesis is composed of seven chapters. Chapter One is introductory and describes historical circumstances, next today's valid and relevant legislation, of which is the most important "Notarial Procedures". Chapter Two in the first place deals with statutory requirements for the notary's function. Then defines basic terms and principles as: notarial work, notarial office, impartiality and independence of notary. Chapter Three is subdivided into many parts, each of them dealing with different aspects of notarial activities. Main and crucial activities are: preparation of notarial record on legal acts, certifying of legally significant facts and declarations, court commissariat. This chapter is the most comprehensive and provides complete summary about everything, what notary is doing. Next chapter closely...
|
|
|
Arbitration clauses in consumer disputes
Hloušková, Lenka ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
The purpose of my thesis, which is named "Arbitration clauses in consumer disputes", is to confirm or rebut the hypothesis that valid pre-dispute arbitration agreement can be concluded with a consumer, and if the hypothesis is confirmed, what requirements have to be met. The text is composed of five chapters, the introduction, and the conclusion, and each of the chapters deals with different aspects of arbitration clauses in consumers' disputes. Chapter One is introductory and defines the terminology used in the thesis, such as the consumer dispute, the arbitration clause, and the protection of the consumer as the weaker party. Chapter Two concerns the admissibility of an arbitration clause for the settlement of consumer disputes. This chapter is subdivided into three parts. The first part describes the European and the American points of view of pre-dispute arbitration agreements. The second part examines the arbitration clause as an unfair term according to the Council Directive 93/13/EEC of April 5th , 1993 on unfair terms in consumer contracts and with regard to the related case law of the Court of Justice of the European Union and its implementation into the Czech legal system. This part describes the personal applicability, non-individual negotiation, non-fulfillment of the requirement of...
|
|
|
Protection of public figure in media
Frejtichová, Dominika ; Šustek, Petr (referee) ; Pohl, Tomáš (referee)
Protection of public figure in media Abstract: The purpose of the thesis is to analyze the protection of the public figure in media. It aims to describe the institute of the public figure, content of the institute and protection of public figure in the media. The thesis is composed of five chapters. The first chapter is introductory and defines the media and media law, gives the history of the protection of the public figure, and evaluates references. The introduction defines the main aim of the thesis, which is to describe the institute and its intent as well as to compare Czech and foreign judicature. Chapter two defines the public figure and is subdivided into three parts. Part one provides the terminology, the definition, and the origin of public figure. Part two deals with the different categories of public figures, such as the all-purpose public figure, the limited- purpose public figure, and the public official. Part three explains the specifics of the public figure in media, which are its privileged position, easier access to media, and the subsidiary of judicial power. Chapter three deals with the conflict of media and personal rights. It is subdivided into three parts. Part one deals with the conflict between the personal right of freedom of speech and the right to information. Part two describes...
|
|
|
Abuse of the insolvency proceeding and defense against it
Toula Bergelová, Linda ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Title: Abuse of the insolvency proceeding and defense against it Abstract: The thesis deals with the abuse of the insolvency proceeding and tools how to defend against jt. In the introduction part of the thesis are described basic principles and concepts of bankruptcy law, the purpose of the insolvency proceeding and its effect. The core of the whole thesis is in the chapter 2 & 3. The chapter 2 deals with the abuse of the insolvency proceeding by the entities which are not the debtor. I was focused mostly on the unreasonable insolvency proposals by the creditors and on the existing specific tools which can be used to limit these kinds of proposal. The same chapter is also touching other cases of the abuse of the running insolvency proceeding by the entities which are not the debtor. At the end of this chapters are described the possible and currently proposed tools how to avoid the abuse of the insolvency proceeding. The chapter 3 deals with the abuse of the insolvency proceeding by the debtor. Because this topic is very complex and there are described just the most common way how the debtor abuses bankruptcy law and as well the possible methods, that are able to limit the possibility to abuse the law by debtor. First, there are briefly described two general phenomena linked to the insolvency process....
|
|
|
Creditors in insolvency proceedings
Fiedlerová, Dana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of my thesis is the study of creditor status during insolvency proceedings. My objective is to provide a description of the current legal regulations of creditors and their receivables in insolvency proceedings with a focus on specific problems that may arise during the process of the collection of receivables during insolvency proceedings. I also refer to various principal court decisions dealing with these issues. The aim of this thesis is not to present a comprehensive description of all creditor related issues, but to provide a general summary of the relevant processes and to present the most common practical problems and their solutions.
|
|
|
Terminology and original formation of ownership of a unit within the wording of act no. 72/1994 coll. and act no. 89/2012 coll.
Zeman, Erik ; Thöndel, Alexandr (referee) ; Pohl, Tomáš (referee)
In his work titled " TERMINOLOGY AND ORIGINAL FORMATION OF OWNERSHIP OF A UNIT WITHIN THE WORDING OF ACT NO. 72/1994 COLL. AND ACT NO. 89/2012 COLL.", the author endeavours to analyse selected theoretical and practical problems arising upon the construction of terms related to ownership of flats and the execution of the formation of original ownership of units in light of the regulation of Act No. 72/1994, Coll., on Ownership of Flats, and Act No. 89/2012 Coll., the Civil Code, and in addition, the author's objective is to identify possible solutions to eliminating these problems.
|
|
|
Real Estates in Execution Proceedings
Doležalová, Lenka ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
The submitted thesis describes and analyses the current legislation concerning real estate as subject to execution proceeding. It contains an analysis of the relevant provisions of the Civil Procedure Code and Execution Code relating to execution (enforcement of decisions) by the sale of real estate. It does not leave out the historical development and also presents the author`s reflection on the potential amendments de lege ferenda. The thesis further examines the role of the Land Register and, last but not least, it focuses on the legal instruments relating to real estate such as the real estate management, execution by vacation, trust and the isuue of conflict of execution with bankruptcy proceeding.
|
guest ::
