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Business and Investments into a Distrained Real Estate in Czech republic
Procházka, Pavel ; Škodová, Eva (referee) ; Kopřiva, Jan (advisor)
Tato diplomová práce analyzuje právní základy a užití občanského zákoníku, majetkových zákonů, občanského soudního řádu a exekuční řádu v obchodu s nemovitostmi. Skrze případové studie se snaží poukázat na kritická místa a proveditelnost jednotlivých investic do exekucí zasažených či jinak právně znehodnocených nemovitostí. Závěrečná část hledá standardizované postupy, které nachází optimální mix rizika a profitability.
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A comparison of enforcement proceedings conducted by certified
Pátíková, Tereza ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The theme of my thesis is to compare legal regulations of two fundamental institutions used for compulsory fulfilment of obligations. It comprises the execution of a decision pursuant to Part Six of Act No. 99/1963 Coll. Civil Procedure Code, and the execution pursuant to Act No. 120/2001 Coll. On Executors and Execution Proceedings. The purpose of the thesis is to compare the fundamental legislation with emphasis on their differences and investigating the advantages and disadvantages of both procedures. This is a hot issue, particularly with regard to the forthcoming amendments to both institutions. The work focuses on the legal regulation in force, but it also offers a comparison with the amendment mentioned above, which is going through the legislative process in Parliament of the Czech Republic at the time of preparing this thesis. The thesis is divided into eleven chapters. The first chapter gives an introduction to the problems of both proceedings and presents the fundamental legal regulation and their mutual relationship. The next two chapters deal with the position of an executor in execution processes and the role of a court in the execution of both decisions and executions. Chapters four to ten deal with the individual phases in the two proceedings. It is especially the alteration to...
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The Principle of Concentration in Civil Proceedings
Onderková, Kristýna ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The principle of concentration as one of the fundamental branch principles of civil proceedings consists in the obligation of the parties to perform certain procedural actions in specific stages of adversarial proceedings in order to speed up the proceedings and the decision of the court. Its purpose is to avoid delays in proceedings and provide effective judicial protection of subjective private rights of the parties. This principle plays an important role in Czech civil law. At the same time, some elements of the statutory concentration, which apply in the Czech legal system, are connected with certain problematic aspects. These particularly include rigidity of statutory concentration associated with the absence of the possibility of court's flexible actions and the anchor of fictitious judgment by acknowledgement as a consequence of the defendant's procedural passivity. The main goal set out by the author of this piece of work is to introduce individual elements of concentration in the Czech law, analyze their shortcomings, and propose some possible solutions through comparison with the Slovak adjustment mechanism of concentration. In the first part, the author analyzed the individual elements of concentration in the current applicable Czech legislation and put them in historical context. The author...
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Action for retrial
Knotek, Šimon ; Vyskočilová, Silvia (advisor) ; Střeleček, Tomáš (referee)
Action for retrial Abstract This diploma thesis deals with issues of action for retrial. Its aim is to describe contemporary form of this extraordinary remedy how as it is regulated in the act No. 99/1963 Coll., Civil Procedure Code., carry out its comparison with Slovakian regulation and with the substantive intent of the Civil Procedure Code and also submit solution to some aspects of possible future regulation. The thesis is divided into five chapters. The intention of the first chapter was to introduce basic terms and system, which includes action for retrial is its part. Part of this chapter is also dedicated to brief historical excursion, which tackles development of remedies since 1781 until publication of substantive intent of the Civil Procedure Code in the 2020 version. The second chapter covers the action for retrial itself. Its subchapters gradually analyse individual elements of this extraordinary remedy in the form of admissibility, the grounds for bringing the action, persons entitled to bring action, time limits, particulars of the action, proceedings and decisions on it, costs of the proceedings and court fees, as well as the issues of the status of action for retrial among other extraordinary remedies. The third chapter concentrates on comparing the Slovakian Civil Procedure Code with...
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The fact-finding process in civil proceedings by expert opinion
Ševčík, Petr ; Frintová, Dita (referee)
The dissertation deals with the problem of proving by expert opinion in civil court proceedings. The scientific goal of the thesis is to present a legal analysis of expert evidence in civil court proceedings and inherently related problematic theoretical and application aspects, which relate in different ways both to the persons of the parties and to the experts, and last but not least to the court as an instance a unit which decides the dispute between the parties with the help of an expert opinion. The main working hypothesis of the dissertation thesis is the fact that the valid legal regulation of expert evidence in civil court proceedings is in many respects obsolete and inadequate conditions, which in turn brings to the practice a number of problematic moments, some of which are liable to endanger and the overall interest in a fair decision on the matter itself. The task of a historic passage was primarily to define the questions that continually reappeared over time and whose resolution authors and legal practice approached in different ways at different times. One typical example is the institute of the expert witness, in that this institute was first embedded in the rules of civil procedure of Austro-Hungary, was abandoned under socialist law and has been resuscitated in connection with...
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Default judgment - analysis and comparison
Wesselý, Jan ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
This diploma thesis deals with the topic of judgment by default, or default judgment, the issuance of which is based not on the classic course of proceedings, i.e. the participation of defendant and plaintiff, taking of evidence, argumentation, findings of fact etc., however only on the fact that the defendant failed to appear before a court during first hearing of the case without duly excusing his absence. The purpose of the institute of default judgement is to expedite the decision-making activity of courts. At the same it aims to motivate the defendant to be active in the dispute. The aim of this thesis is first to analyse and evaluate the current regulation of the judgement by default, which lasted in its current form for almost 30 years without significant changes, including the remedies provided by the Code of Civil Procedure in defense against this type of judgment. In the next section, the thesis concerns the legislation on the default judgment in the Slovak legal system as Slovak civil procedural law has undergone a relatively recent recodification. It is thus certainly necessary to compare how such an important institute is regulated in a legal order that is relatively close to ours. The establishment of the Slovak regulation of the default judgment is followed by a comparison of the two...
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A comparison of enforcement proceedings conducted by certified
Pátíková, Tereza ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The theme of my thesis is to compare legal regulations of two fundamental institutions used for compulsory fulfilment of obligations. It comprises the execution of a decision pursuant to Part Six of Act No. 99/1963 Coll. Civil Procedure Code, and the execution pursuant to Act No. 120/2001 Coll. On Executors and Execution Proceedings. The purpose of the thesis is to compare the fundamental legislation with emphasis on their differences and investigating the advantages and disadvantages of both procedures. This is a hot issue, particularly with regard to the forthcoming amendments to both institutions. The work focuses on the legal regulation in force, but it also offers a comparison with the amendment mentioned above, which is going through the legislative process in Parliament of the Czech Republic at the time of preparing this thesis. The thesis is divided into eleven chapters. The first chapter gives an introduction to the problems of both proceedings and presents the fundamental legal regulation and their mutual relationship. The next two chapters deal with the position of an executor in execution processes and the role of a court in the execution of both decisions and executions. Chapters four to ten deal with the individual phases in the two proceedings. It is especially the alteration to...
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The Principle of Concentration in Civil Proceedings
Onderková, Kristýna ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The principle of concentration as one of the fundamental branch principles of civil proceedings consists in the obligation of the parties to perform certain procedural actions in specific stages of adversarial proceedings in order to speed up the proceedings and the decision of the court. Its purpose is to avoid delays in proceedings and provide effective judicial protection of subjective private rights of the parties. This principle plays an important role in Czech civil law. At the same time, some elements of the statutory concentration, which apply in the Czech legal system, are connected with certain problematic aspects. These particularly include rigidity of statutory concentration associated with the absence of the possibility of court's flexible actions and the anchor of fictitious judgment by acknowledgement as a consequence of the defendant's procedural passivity. The main goal set out by the author of this piece of work is to introduce individual elements of concentration in the Czech law, analyze their shortcomings, and propose some possible solutions through comparison with the Slovak adjustment mechanism of concentration. In the first part, the author analyzed the individual elements of concentration in the current applicable Czech legislation and put them in historical context. The author...
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Court execution by sale of movables
Bajanová, Kateřina ; Borská, Jana (advisor)
The subject matter of this thesis is a Court execution by sale of movables which can be considered as one of the possible variants of the execution process that assign a payment of the pecuniary debt.
In the theoretical part, there is a description of the current legislation, prerequisites for execution, the course of proceeding and the statistical evaluation of execution in the district of Jičín.
In the practical part, there is focus on a concrete execution by sale of movables in conditions of the Czech Republic.
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Procedural aspects of civil procedure
Ledašilová, Kateřina ; Civínová, Denisa (advisor) ; Klára, Klára (referee)
The main theme of this thesis is the issue of the procedural acts of judicial proceedings (focused mainly on aspects of delays), in the code of civil procedure as part of the legal order of the Czech Republic.
The theoretical part defines the procedural aspects of civil procedure. The main focus is on the delay of court proceedings on the part of the participant and subsequently the defence against delays in the proceedings caused by the court. The thesis contains the statutory documents of the legal order of the Czech Republic. The essential part of the theoretical thesis is the rights for the protection of citizens' rights, which are embedded in the Charter of Fundamental Rights and Freedoms and in the European Convention for the Protection of Human Rights and Freedoms. In this section main sources of information were the Code of Civil Procedure, the Civil Code, the Charter of Fundamental Rights and Freedoms and other laws that are closely related.
The practical part of this thesis is focused on the issue of the frequency of court proceedings in the divorce rate and, consequently, on the amount of agenda of the court, statistically maintained by the executor of the judicial process, in this case by the District Court of Kolín (i.e.court of first instance). Statistics of divorces involve the years 2012, 2013, 2014 and 2015. There are even specific cases from judicial practice.
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