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Matrimonial property in the context of inheritance proceedings
Kočerová, Veronika ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The purpose of my final thesis "Matrimonial property in the context of inheritance proceedings" is to analyse law dealings with settlements of matrimonial property and its application in inheritance proceedings. I emphasize problems caused by a lack of interconnection between the legislation of matrimonial property and the law of succession where I focus on both the substantial as well as procedural law. Furthermore, I discuss a tension between two principles - free will and protection of a surviving spouse - which emerges during the settlements of matrimonial property in the inheritance proceedings and which is apparent from the amount of rights given to the surviving spouse under the law of succession. Additionally, I compare the Czech legislation in this matter to the English law, even though England belongs to different legal culture where the concept of matrimonial property has not been fully introduced yet. However, considering the need for adjusting the Czech legislation of matrimonial property to the law of succession, I suggest that the protection which is given to the surviving spouse under English law might be inspiring for the Czech legislator.
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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.
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Oddlužení jako způsob řešení úpadku
Minaříková, Petra ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The Bachelor's thesis deals with the discharge of debts of a natural person which is governed by the Act No.182/2006 Coll., on Insolvency and Methods of Resolution (the Insolvency Act) and that came into force on January 1st 2008. The aim of this thesis is to provide a fundamental analysis of this non-eliminative method of resolving insolvency and the underlying issues are illustrated by the rulings of the high courts and the Supreme Court of the Czech Republic. The last chapter is devoted to the collective debt relief of the husband and wife, whose bankruptcy estate belongs to community property; this issue is practically created by the practice of the insolvency courts, because the Insolvency Act does not introduce it.
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