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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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Legal disputes caused by execution and bankruptcy proceedings
Vepřková, Petra ; Smolík, Petr (advisor) ; Zoulík, František (referee)
The aim of this thesis is to define the disputes arising from the execution and bankruptcy proceedings, to categorize them to the systematic framework, to outline their nature and to create a comprehensive overview about these disputes. The thesis is devided into three chapters, which are subdevided into subsections and parts. The first chapter of this work is aimed to the general issues, that have the influence on creating and forming of disputes resulting from the execution and insolvency proceedings, because it would be impossible to capture this topic coherently without these initial premises. Thereof, there are incorporated the conceptual definition of the execution proceedings and the principles of the execution proceedings, particularly considering the principle of protection of the obliged person and the principle of protection of third parties. In the part dealing with the aspects that form the disputes in the insolvency proceedings there are indicated the historical development of the insolvency, the overall characteristic of the insolvency proceedings, its specific principles and the difference from the former legislation. Further, for making a general overview of disputes arising from the execution and insolvency proceedings, there is also included in the first chapter the classification...
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Status of the judgement debtor in execution proceeding in comparison with legal regulation in the Slovak Republic
Kvapil, Václav ; Macková, Alena (advisor) ; Smolík, Petr (referee)
This thesis deals with comparing the status of the judgement debtor in individual stages of execution proceeding as it is defined by Czech and Slovak legal regulation. When describing the status of the judgement debtor, the stress was laid on the means of the judgement debtor's defence. When describing the selected means of performing the execution proceeding, the stress was laid on the devices that guarantee the protection of the judgement debtor. The thesis also relates to the legislative development of some of these devices. The initial pages of the thesis are discussing the execution proceeding in general, further, the means of ordering the execution proceeding are described and finally there is a description of the means of performing the execution proceeding. In the final sections of each chapter, there is a comparison of both legal regulations. The thesis also consists de lege ferenda reflections and it also mentions the crucial changes in the execution law of the Czech Republic.
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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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Incidental disputes in proceedings for the enforcement of decision
Nešporová, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The theme of this diploma thesis is the Incidental disputes arising from the proceedings for the enforcement of judgments (execution). This topic is very actual because of the increasing number of execution proceedings. The aim of this thesis was to present the category of incidental disputes in general and further present the incidental disputes that may arise in execution proceedings complexly, outline their position in legal code, and describe their purpose, nature and features that are typical for them. Apart the introduction and conclusion the thesis contains eight chapters in total. The first chapter deals with the category of incidental disputes in general and their classification, wherefore is further divided into three subchapters, where is generally dealt with the concept of incidental dispute, further subchapter is focus on the proceedings for the enforcement of judgments and execution proceedings including the brief outline of their historical progress. The end of the first chapter is related to the general and specific principles, on which the execution proceedings is built. The second chapter is dedicated to the incidental disputes in execution proceedings, or rather executional disputes and their classification from various points of view, especially the classification into disputes...
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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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Execution of a foreign judgment in the Czech Republic
Ochmannová, Lenka ; Macková, Alena (advisor) ; Pauknerová, Monika (referee)
Execution of a foreign decision may be enacted in the Czech Republic in several ways. The first is the execution order without any further, it is also an execution order following the declaration of enforceability, after an execution order following a decision to recognize a foreign judgment. The last option is to order the execution of the Act on Private International Law. In some cases, enforcement may be completely excluded. After an execution order execution has been carried out according to Czech legislation. The problem may occur with delivery abroad or with legal representation. Also, an execution order by the arbitration award has its own rules. Powered by TCPDF (www.tcpdf.org)
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Decision of court and judicial distrainer in execution proceeding
Sedláčková, Gabriela ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of this rigorous work is a decisions of court and judicial distrainer in execution proceeding. The pillar of the work is the decision about proposal to decree the execution, decision about proposal for execution stoppage and decision about execution postponement. The goal of work is to describe the process of key decisions in execution proceedings issued with a focus on dividing of authorities between judicial distrainer and the court. In the work, there is a comparison of legal regulation before and after legal force of amendment of execution code Act 286/2009, its impact in connection with information from legal practice. Connected amendment is the Act No. 396/ 2012 valid from 1.1.2013. This description is supposed to be the outline of how the authority of judicial distrainer is being strengthened and where the decisions in execution proceeding turn. The work covers also the comparison with Slovakian legal regulation of execution proceeding and description of legal regulation for dispensation of decision in Germany.
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Disputes arising from proceedings for the enforcement of judgments
Novotný, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Abstract The aim of this thesis is an integral organization of the incidental disputes that may arise in the execution proceeding, a description of their nature, an outline of their purpose and characterization of important features. The result of my efforts should be a structured and comprehensive overview of the incidental disputes. The approach, which I used in order to achieve the marked objective, rests in the creating of the basic description of individual incidental disputes, in the analysis of their elements and in the comparison of different concepts. Apart form the introduction and conclusion the thesis contains a total of two chapters, which are further divided into subchapters and parts. The first chapter contains altogether four subchapters and the second chapter contains six subchapters. The first chapter discusses the execution proceeding and the incidental disputes in general. First of all, the thesis begins with the first subchapter with a brief outline of the history of execution proceeding along with the lay out of the first occurrences of the various institutes of incidental actions. Subsequently, in the second subchapter the execution proceeding is conceptually defined in accordance with the state of today's jurisprudence. The third subchapter, that deals with the main principles on...
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Enforcement of judgment under the Execution Procedure Code - general aspects of the execution proceeding
Ceralová, Tereza ; Frintová, Dita (advisor) ; Macková, Alena (referee)
Enforcement of judgment under the Execution Procedure Code - general aspects of the execution proceeding In my study I deal with the issue of execution proceeding and at the same time I focus on its general part. The legal regulations with respect to execution through court executors represent a fairly new concept in the Czech Republic which had been substantially developing during its ten - year "history". In my thesis I pay specific attention to those provisions with difficult and problematic interpretation in judiciary practice and also to amended enactments of Execution Procedure Code. My study is divided into several chapters. First chapter is logically the introduction that along with the second chapter attempts to make the reader familiar with the issue of execution proceeding. The third chapter forms the most important part of my study, since it describes the actual execution proceeding. The fourth chapter concerns relatively delicate subject namely adequacy of the execution and also the various types of execution. The fifth chapter of my paper should summarize the so far essential amendments of the Execution Procedure Code from its adoption till the present day. In the sixth chapter I would like to inform about the upcoming major amendment of the Execution Procedure Code, which is being...
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