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Ensuring Business Obligations
Kaletová, Renáta ; Alizey, Farid (referee) ; Musilová, Helena (advisor)
This work is devoted to issues of law and ensure the enforcement of claims in commercial contractual relationships. Due emphasis was placed on individual ways of ensuring, in particular on the grounds that well-secured claims subsequently facilitate the recovery process.
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The Optimalization of Debts Recovery Procedure
Poláchová, Jana ; Lahoda, Miroslav (referee) ; Musilová, Helena (advisor)
Thesis pursue an aim to introduce reader to problem of unsettled debts, outline way of debts recovering at company ORKÁN plus, s.r.o. (L.t.d.) and draw up system of debts recovering procedure apllicable to consulting companies. Theoretic part of thesis defines a debt, shows certain stages of debt lifetime, and deals with 1) comparison of debts recovery procedure through court process (soud) and through (exekutor) 2) comparison of two basic ways of execution of a decision Analytic part of thesis consist of brief introduction of ORKÁN plus, s.r.o. (L.t.d.) company, analysis of present debts filing system at this company, then analysis of debts amortization and adjusting entries creation from tax and accounting standpoint, as well as analysis of company finance stability with regard to overdue debts. Part called „own proposed solutions“ contents recommended procedures of debts recovery and suggested improvement of present system of debts recovery procedure.
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Recovery of Debts
Šestáková, Romana ; Urbášek, Vratislav (referee) ; Musilová, Helena (advisor)
The main subject of my bachelor thesis is a recovery of the outstanding claims, its methods and relevant legal instruments. A special part of my thesis is focused on the definition of the legal terms, e.g. Execution of the Resolution, Execution, Claim, etc. Furthermore, the comparison of the terms Execution of the Resolution and Execution itself is a part of my thesis. The legal position of the Executor as a relatively new institution on this field according to law of the Czech Republic also creates a special part of my work. The another part of my work contains the summary of the legal procedure of the execution and presentation of some practical examples.
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Methods of discontinuance of the enforcement of judgement (execution)
Rousová, Veronika ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Methods of discontinuance of the enforcement of judgement (execution) Abstract The present thesis deals first of all with the analysis of the individual grounds for stopping the execution under the provisions of Sec. 268 (1) (a) - (h) of the Code of Civil Procedure, with attention aimed at (h), which is most influenced by the development of case law, with a focus on executions conducted on the basis of ineligible enforcement titles, which are arbitral awards. The aim of this paper is to carefully analyse these general grounds for putting an end to the execution, as well as the new grounds for stopping the execution brought about by the amendment to the Enforcement Code, which was implemented by Act No. 286/2021 Coll. The purpose of my work, however, was also to point out the current issues in the field of execution, in particular the stopping of execution after it has already ended in recovery, as well as the stopping of execution again on priority grounds after the execution has already been stopped on non-priority grounds, which could have brought less favourable legal effects to the debtor. The first part of the thesis, in which in the first chapter I introduce the institution of the termination of execution, as well as in the second chapter the motion for termination of execution, which initiates the...
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Protection and defence of the debtor in distraint proceedings in connection with the major amendment to the Distraint Procedure Code
Klimková, Adriana ; Střeleček, Tomáš (advisor) ; Zahradníková, Radka (referee)
Protection and defence of the debtor in distraint proceedings in connection with the major amendment to the Distraint Procedure Code Abstract This Master's thesis deals with the principle of protection and defence of the debtor, which is the core principle of the distraint law and which is reflected in many of its important institutes. This principle is referred to in connection with the amendment to the Distraint Procedure Code, which was implemented by Act No. 286/2021 Coll. and is most often referred to as the "major" amendment. Among other things, this amendment significantly affected the traditional institutes of the distraint law, which reflect the principle of protection and defence of the debtor in the legal system. The aim of this thesis is to evaluate the major amendment to the Distraint Procedure Code and to analyse the principle of protection and defence of the debtor, which is important in order to understand the complete content of the thesis. The paper is focused on a comprehensive examination of the institutes of protection and defence of the debtor, which were most significantly affected by the major amendment to the Distraint Procedure Code, and an evaluation of these changes and updates. For convenience, the text is divided into four parts, which are further divided into individual...
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Execution by sale of real estate
Kovář, Ondřej ; Frintová, Dita (advisor) ; Smolík, Petr (referee)
Execution by sale of real estate The presented rigorous thesis titled "Execution by sale of real estate" aims to describe and analyze the current legislation concerning real estate as a subject to execution proceedings. The thesis should offer potential solutions for the described problematic parts of an execution, such as the issue of conflict between the execution procedure and the insolvency procedure. In terms of its content, the rigorous thesis consists of eight parts. The first chapter of the rigorous thesis focuses on the definition of the essential terms of enforcement proceedings, the substantial institutions, and legal provisions which are connected to the enforcement. Essential principles of the enforcement proceedings are described in the beginning: the principle of party disposition, the principle of officiality, the principle of proportionality and the principle of defense and protection of the debtor. Then, the thesis analyzes the position of the judicial officer in the legal system and focuses on the legal consequences concerning the commencement of execution proceedings. From the second to the seventh part, the rigorous thesis contains the main subject of the work - the process of execution sale of real estate, when the parts correspond to the relatively independent phases of the process of...
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Discontinuance of execution according to sec. 268 (1) (h) of the code of civil procedure focusing on substantive review of an execution title
Herodesová, Lucie ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
Discontinuance of Execution according to Sec. 268 (1) (h) of the Code of Civil Procedure focusing on substantive review of an execution title Abstract The presented thesis deals with discontinuance of the execution according to Sec. 268 (1) (h) of the Code of Civil Procedure focusing on the possibility and the extent of substantive review of an execution title. This provision was originally intended by the legislator to be relatively abstract or indefinite. It was therefore necessary to introduce the specific circumstances leading to discontinuance of execution due to inadmissibility according to Sec. 268 (1) (h) of the Code of Civil Procedure through the case law. Precisely the considerable vagueness of this provision led to a considerable increase of cases introducing specific situations that led to discontinuance of execution. This theses therefore aims to analyse Sec. 268 (1) (h) of the Code of Civil Procedure leading to suspension of execution, in particular its purpose in relation to Sec. 268 (1) (a-g) of the Code of Civil Procedure, and further focusing on the topic regarding the possibility of conducting a substantive review of the execution title in the enforcement proceedings. The first chapter of this thesis focuses on the definition of the essential terms and principles of enforcement...
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The Criteria of Calculating the Non-Recoverable Amount
NĚMCOVÁ, Klára
This thesis deals with the criteria of calculating the non-recoverable amount at the bankrupcy procedure of natural persons. Using the analytical methods is trying to present that this non-recoverable amout could be demotivating instrument when it comes to legal employment. For a better view, this thesis compares a bankrupcy procedure with an enforcement proceeding, showing the fact that the current construction of calculating the non-recoverable amount can put some citizens close to the border of poverty. Second part of this work is dedicated to options to raise the non-recoverable amount and consequential presentation of these options on specifics cases.
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Arbitration clauses in cunsumer affairs with impact on execution proceeding
Nováková, Michaela ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Arbitration clauses in cunsumer affairs with impact on execution proceeding Abstract Arbitration is one of the forms of alternative dispute resolution. The arbitration institute is not a novice in the area of law. Its foundations can be seen from ancient times. However, today's legal regulation of arbitration can be observed since the first half of the 19th century. The essence of the arbitration procedure is to delegate the hearing and decision-making of certain disputes to the jurisdiction of the courts, to the arbitrator. The arbitrator then issues an arbitration award, which may be relied upon in the proceedings in which he was issued as an enforcement or enforceable title. In the legal order of the Czech Republic we find the primary regulation of the arbitration procedure in Act No. 216/1994 Sb. By passing this Act, the arbitration procedure was extended to national disputes. As a result of arbitration proceedings, disputes arising from consumer contracts could also be resolved. However, the method of resolving disputes between consumers and entrepreneurs has proved to be a widely used institute, even when overused and misused. The situation was so extreme that the lawmaker had to come up with a bill amendment to strengthen consumer protection in arbitration. Not only the legislative power, but also...
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