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Execution by sale of real estate
Žďánský, Michal ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
This rigorous thesis conducts a detailed analysis of one of the most effective methods of execution - which is, certainly, the sale of real estate - and it does so from the very beginning (meaning the issuance of execution order) to the satisfaction of the plaintiff's (or other creditors') claims. Although the involuntary auction of real estate is accurately determined in legal act as the ultimate option for satisfaction of creditors' claims, the frequency of real estate auctions is, in fact, relatively high. Therefore, the control over the fundamental steps that the bailiff must take strictly according to the letter of the law cannot be neglected as it may result in an illegal process otherwise. And it is more than appropriate to have an awareness of your rights. This work is a suitable material for the purpose. The principal case law of the courts, professional literature, monographs, various professional articles and other sources were synoptically processed by the author in the course of which they were subject to a thorough analysis that simultaneously incorporated the author's practical knowledge. The outcome of this is a clear and comprehensive text, which aims to provide a foundation for orientation in the complicated legislation not limited to the various legal professions that regularly...
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Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff
Křížová, Petra ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff - Abstract The thesis deals with the legal position of insolvency administrator in insolvency proceedings and its comparison with the position of bailiff. The thesis is broken into an introduction, six chapters and a conclusion. The aim of this thesis is to summarise the rights of the insolvency administrator as a subject of the insolvency proceeding and compare them with the rights of the bailiff. The first chapter deals with the definition of insolvency administrator, the conditions to perform the office and to obtain the relevant licence to perform the office, as well as the manner of entry of insolvency administrators into the registry. The second chapter takes on the manner of appointment of the insolvency administrator in a specific insolvency proceeding, the conditions for removal or recall from the office, the conditions of exclusion for bias and situations when the insolvency administrator may be replaced. Furthermore, the chapter states the duties of the insolvency administrator. Special attention is paid to the reward and reimbursement of costs in the various alternatives of insolvency solutions with regard to recent case law. The chapter also details the liability of the...
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The concept of bailiff services in the Czech Republic and their comparison with selected EU countries
Hadravová, Andrea ; Lechner, Tomáš (advisor) ; Mikulová, Magdalena (referee)
Since 2001, the legislation on enforcement has been fundamentally changed, on 1st 2001, Act No. 120/2001 Coll., Executors and Enforcement Activities (Enforcement Code) entered into force. The creditor has thus been given the opportunity to decide how recover his claim. Until then, his only possibility for recovering claims was through the court, but since this date he could acquire his rights through the services of a distrainer. In 2012, this duality was abolished and is executed in most cases by private distrainer. He carries out his activity for reward, which results in his status as an entrepreneur. And his reward has been a thorny issue since 2001, when the profession came into our systhem. The issue of this topic is also evidenced by the parliamentary bill, which tries to regulate to reduce the distrainer`s tariff. The thesis compares the current situation in the Czech Republic with selected states. For purposes of this thesis, I chose Germany, because there is recovery of debts through a state employee, France because this system is one of the oldest and served as a model for many states and Slovakia, for reasons of common history and amendment that came into force in April this year. The aim of the thesis is to map the situation in selected states, to find possible deviations and sources of inspiration for the system of executive services in the territory of the Czech Republic.
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Criminal Law Aspects of Performing a Bailiff's Activities
Linková, Petra ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
The aim of the dissertation "Criminal Law Aspects of Performing a Bailiff's Activities" is to assess the legal position of a relatively new legal profession-bailiffs, define the types of legal liability that bailiffs bear, and focus primarily on one such type-criminal liability. At a practical level the aim of this dissertation is to contribute, using case law from Czech criminal courts, to the understanding of the issue of the performance of a bailiff's activities, in particular in terms of the powers entrusted to a bailiff at the statutory level in the field of seizure law, with a focus on the level of work by bodies active in criminal proceedings.
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