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Incidental disputes in insolvency proceeding
Gaierová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this diploma thesis dedicated to the issue of incidental disputes in insolvency proceeding was to determine the incidental disputes in proceedings, categorize them systematically, outline their character and set a comprehensive overview of these disputes. Within the insolvency proceedings incidental disputes are largely solved as case law, which the author of this work deals within the description of the various types of disputes. The thesis is divided into fourteen chapters, which are further divided into subsections and parts. The first two chapters are devoted to insolvency proceeding in general, especially when the character and purpose of the insolvency proceeding as well as the conceptual definition of insolvency proceeding and its consequences are outlined, because without these underlying premise would be impossible to describe the issue as a whole. Incidental disputes have undergone throughout history certain development and as an incidental are spoken only in the 90s of the 20th century. The third chapter of the thesis is dedicated to the historical development of insolvency proceedings in Czech territory and comparisons applicable regulation of insolvency proceedings with modifications beginning in the 1781 and the issue of the general bankruptcy order compared to other...
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Position of spouses in insolvency proceedings
Hašová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this thesis is to describe and bring the issue of the position of spouses in insolvency proceedings to the reader. In last few years this issue has become more and more relevant and brought a lot of questions and problems to case law but also to the legislation that deals with it. The thesis is divided into three chapters. Chapter One introduces the basic terminology used in the thesis to the reader in order to help him or her understand issues presented later. The definitions of following concepts may be found in this chapter: insolvency proceedings, insolvency and its solution modes, marriage, common property of spouses and the estate in insolvency proceedings. Chapter Two deals with the discharge of the debts of spouses which represents the new legal institute adopted by Act No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency and its solution modes (Insolvency Act) and Act No. 312/2006 Coll., on insolvency administrators (hereinafter referred to as "revising amendment"). The first subchapter briefly illustrates the previous legislation so the reader can compare the differences and note the changes brought by the revising amendment. The following subchapters describe the whole process of discharge of the debts step by step concentrating on the specifics of...
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Decedent's estate proceedings
Rutová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The subject of my Master's degree thesis is the issue of proceedings relating to decedent's estate. The main aim of this thesis is to describe the course of this proceedings with respect to current legislation. In general, the inheritace rights arise at the very moment of decedent's death. Nevertheless, the decedent's estate proceedings must still take place. A notary (as a court commissioner) is therefore tasked to locate potential inheritors, assets and debts of the decedent's estate. The goal of the proceedings is to devide relevant assets and debts among located heirs. My thesis is devided into four individual parts. First of them consists of two chapters, which are dedicated to history and sources of law. The second part deals with general aspects of decedent's estate proceedings. It consists of four chapters about characteristics and function of decedent's estate proceedings, jurisdiction, notaries as court commissioners and parties of the proceedings. The third part concern the course of decedent's estate proceedings. As for this significant part, it is devided into twelve chapters, which deal with proceedings' initiation, preliminary investigation, estate collateral, administration of the estate, detecting heirs, inquiry about assets and debts, joint property of spouses, hearing in...
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Mediation as an alternative manner of dispute resolution
Římanová, Hana ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
71 Abstract Mediation as an alternative manner of dispute resolution The topic of this thesis is mediation, as a form of settlement solution carried out of court. Mediation is in the Czech Republic still very topical. Its growing use can help to reduce the workload of courts. The aim of this thesis was to introduce mediation in general, to discuss the legal regulation of mediation in civil cases in the Czech Republic and critically analyse it. Apart the introduction and conclusion the thesis contains seven chapters in total. The first chapter defines mediation as one of the alternative methods of dispute resolution. Subsections provide a definition of mediation, comparison between mediation and court and arbitration proceedings, and discuss the benefits of resolving the dispute through mediation. The second chapter is focused on the development of mediation. After a brief introduction, it deals with the development of mediation in the United States, Europe and finally in the Czech Republic. Subsequent chapters describe mediation method itself and its theoretical bases. The third chapter discusses the fundamental principles that are applied in the mediation. The fourth chapter provides the basic definition of mediation styles. The following chapter discusses a mediator, his qualification, role,...
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Legal status of a minor in civil proceedings
Sedláčková, Kristína ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Legal status of a minor in civil proceedings The diploma thesis describes different stages and types of civil proceedings in their relation to the legal position of a minor (person under the age of 18). Legal position of a minor is assessed mainly in relation to his mental capacity and to the procedural rights to which the minor is entitled. The thesis approaches all of the civil proceedings from the point of view of a minor and points out all proceedings in which the minor can find himself to be a witness or a party. The main focus is given to the proceedings governed by the Act no. 292/2013 Coll., Code on Special Court Proceedings. A detailed description of the proceedings regarding interim relief, the court proceedings itself as well as the execution of a court decision is given. Furthermore, the implementation of the UN Convention on the Rights of the Child into the Czech civil proceedings was assessed. The main focus of this assessment was given to the best interest principle and to the child's right to be heard in matters directly affecting him. Each proceeding is also analysed from the point of the public authorities and other parties involved. In particular, the thesis assessed the position of the court (judge), of the child care services and the legal guardians of the minor. The main goal of the...
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Debtor's estate in insolvency proceedings focusing on realisation of immovable things
Hafner, Jakub ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Resumé AJ Bankrupt's estate is the cornerstone of bankruptcy proceedings, also known as insolvency proceedings, and serves as the initial point for this thesis. Without the knowledge of the scope of this term and its interconnection with other institutions it would not be possible to achieve one of the main aims of insolvency proceedings, the satisfaction of creditors' claims. The main focus of this work is realization of immovable property, i.e. the process of transformation of property included in the list of bankrupt's estate, during which the insolvency trustee must proceed in accordance with the instruction of the secured creditor. Ideally, security of the creditor shall be chosen from one of the methods in the enumerative list provided for by the Insolvency Act. The goal of the thesis is to define the process of realizing immovable property in a comprehensive manner, and to evaluate positives and negatives of the respective methods, including their practical aspects. The work is divided into eight chapters, which are composed to reflect the overall image of the process of realizing the bankrupt's estate, beginning with the term proper and ending with the resolution on the release of the yield of realization to the creditor. The first chapter provides a brief introduction of the issue as well as giving...
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Insolvency petition and its misuse
Kadlec, Tomáš ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The goal of this thesis is to explain the conception of the insolvency petition and to solve issues arising from the misuse of the insolvency petition including the motivation to file such an unlawful claim. Under the Czech law, the Insolvency petition is an important part of the insolvency proceedings that are initiated at the moment when an insolvency court receives the insolvency petition. Particular legal requirements of the insolvency petition, which would be able to initiate demanded consequences, were analysed step by step in this thesis too. Differences between the situations when the insolvency proceedings were initiated by the creditor or by the debtor were also specified. Significant part of this thesis deals with matters relating to the misuse of the insolvency petition. The overview of the principle of misuse of law in civil law was given at the beginning of this part. One of the objects of the chapter was also to determine the motivation to submit an unlawful insolvency petition as well as the characteristics of this illegal claim. Subsequently, the possibilities of defense against the unlawful insolvency petition were stated. Some of these defence mechanisms are explicitly mentioned in the Act No. 182/2006 Coll., on Insolvency and methods of its Resolution (Insolvency Act), the rest...
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Emergency rulings in civil procedure
Rambousková, Zuzana ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Emergency ruling is an often used institute in czech law, which can provide a noticeable protection for who is claiming of his issue. The purpose of emergency ruling is to settle temporarily legal relations or to ensure an enforecement of decisions, if later enforcement of decisions would be undermined. It is a security institute that does not definitely settle right and duties of the parties of an action, determination of rights and obligations is going to be settled only in meritorious proceedings. Emergency rulings are used in such situations that require a prompt and effective solution, whatever area of life it is. Characteristic feature of emergency rulings is an urgency and immediacy, with which court have to decide on proposals. Only in this manner it is possible to protect one's rights effectively. The fact, that the court must decide on quite quickly brings also the risk of incorrect desicions, so it happens to form a damage occasionally. The thesis is composed of three chapters. The first one explains what is nature and purpose of emergency rulings, it's function and also enumerates types of emergency rulings. The second chapter is dealing with general legislation of emergency rulings, as it is set in Civil code procedure. The third chapter is divided into two subchapters, while the first...
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Discharge from debts in Czech insolvency law
Ferešová, Romana ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Thesis "Discharge from debts in Czech insolvency law" mostly aims to analyze recent legislation of the institute discharge from debts as a recovery method of solution to critical financial situation of debtor called as bankruptcy. This thesis deals with institute of discharge from debts in current Czech insolvency law with regard to amendment of Insolvency act, which came into force on the 1st of January 2014 and also with regard to another prepared amendment of Insolvency act. This thesis also contains emphasis on development of some institutes of discharge from debts, especially of joint discharge from debts of married couples and discharge from debts of self-employed persons in relation to changing legislation and judicial decisions.
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Preliminary ruling in civil proceedings
Zátopková, Kristýna ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
This thesis revolves around one of the secure institutions of the Czech civil procedural law which provides the settlement of legal relations on a temporary basis or ensures the possibility of realization of an execution of judgement. The goal of this thesis is to demonstrate a complete summary of Czech legal regulation of a preliminary ruling in a civil proceedings, which can be used in situations that renders immediate solutions necessary and is impossible to hold back until the decision on merits.The thesis is composed of five chapters. The first chapter explicates the preliminary ruling as the civil prodecural law institute and demonstrates the various types of preliminary ruling. The conclusion of this chapter highlights the legal nature of this institute which includes preliminar and temporal settlement of a legal relations between parties to an action. The second chapter briefly outlines the history of the preliminary ruling in Czech legislation. Chapter three, the most important part of the thesis, is concerned with the general preliminary ruling. The structure of this chapter respects the system of a legal provisions contained in Civil Procedure Rules. The third chapter is subdivided into thirteen subchapters. The first seven subchapters illustrates preconditions of a civil procedure of a...
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