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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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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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A minor as debtor in proceedings to enforce judgment (by judicial officers or private enforcement agents)
Procházková, Michaela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This Master's thesis describes the position of a minor debtor in enforcement proceedings. The aim of this thesis it to, first, provide with a complex summary of the issue, concerning primarily topical questions which are discussed by experts in connection with childrens' indebbtedness, and second, to further identify the key drawbacks regarding the enforcement proceedings against minor debtors, with an offer for a solution. The thesis is subdivided into two parts. In the first part, there is the notion of a minor defined - for the purposes of this text, a minor is a person who is younger than eighteen years old and, concurrently, who was not emancipated by a court. The following chapters describe the protection of a minor in the legal system in general, where there are principles of best interest of a child and the right of a child to be respected in their opinion described. Further, the procedural protection of a minor is discussed, concerning primarily the procedural specifics of trials where a minor is a party to the case, including enforcement proceedings. Proper representation of a minor and provision of information to minors is emphasized within the chapter. At the very beginning of the second part, enforcement proceedings is described, and then the particulars of this proceedings are...
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Comparative study of the czech and spanish legal regulation of the sale of real estate belonging to obligated party within the execution proceedings
Strnad, Silvio ; Pohl, Tomáš (referee)
The submitted thesis deals with the legal issues of execution proceedings of the sale of real estate belonging to obligated party from a comparative point of view. The thesis compares the Czech and Spanish legal regulations of the chosen narrower topic in the field of execution. The comparison relates both to legal regulation included in the OSŘ and EŘ reciprocally, but also OSŘ, EŘ to LEC as the foreign legal regulation. The first part of the thesis deals with executions generally and the execution proceedings with particular principles of the execution proceedings and the particular ways of distrain. This section also provides examples of the executions illustrated by the sale of real estate and compares particular legal regulations related to the course of the execution of judgment up to chosen particular way of distrain - the sale of real estate belonging to obligated party. The second part of the thesis deals only with the comparison of selected legal regulations about the sale of real property belonging to obligated party in the terms of execution proceedings.
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Court adjudications in executory proceeding
Mikula, Ondřej ; Winterová, Alena (advisor) ; Macková, Alena (referee)
This Rigorous Thesis titled "Court adjudications in executory proceeding" discusses selected adjudication activities by courts of law within the terms of execution proceedings. This work focuses on specific types of court judgments, on judgments to order execution, judgments to discontinue execution proceedings, or judgments to suspend execution proceedings. This treatise discusses selected execution institutions (judgments) in question and procedures by courts of law during their application, outlines current issues concerning interpretation, compares selected adjudications by courts of law during execution proceedings with legal regulation in Slovakia, as well as outlining deficiencies in legal regulations and proposing legislative changes within the terms of execution proceedings de lege ferenda. This treatise also contemplates the possibility of implementation of the territoriality principle into our legal order, including description of legal regulation concerning territoriality in neighbouring Poland.
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Review of an execution title under loan agreements and stay of execution
Šperková, Kateřina ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
Review of an execution title under loan agreements and stay of execution Abstract The rigorous thesis deals with the issue of substantive review of execution titles and stays of executions. Although execution courts are supposed to examine only the conditions of formal and substantive enforceability of an execution title in the execution proceedings, the current jurisprudence suggests that execution courts even tend to review execution titles from the substantive point of view. The rigorous thesis should thus serve as a document that would summarize the issue of review of an execution title, show the development of this issue through a summary of key case-law and, in particular, highlight all the circumstances and requirements that the execution courts, and consequently, the enforcement authorities, deal with in practice in connection with the review of an execution title and what impact such a review may have on the beneficiaries, i.e. for the creditors. The aim is to answer the question whether the examination of eligibility of the execution title from all points of view defined by the case-law continues to fulfil the general premise of execution proceedings on the impossibility to review the substantive correctness of an execution title, or whether, for example, the examination of adequacy of the benefit...
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Selected Problems of the Contemporary Enforcement Procedure and Their Solutions for the Future
Řehák, Filip ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Selected Problems of the Contemporary Enforcement Procedure and Their Solutions for the Future Abstract in English Language The topic of the diploma thesis is selected problems of the contemporary enforcement proceedings in the Czech Republic and their potential solutions for the future. The aim of the diploma thesis is to analyse, describe and critically evaluate the valid and effective legal regulation of enforcement procedure de lege lata and then offer the reader a comprehensive reflection on various alternatives to the domestic legal system de lege ferenda with a comprehensive description of the positives and negatives of possible solutions. The diploma thesis consists of an introduction, four chapters and a conclusion. The first chapter introduces the reader to the methodology of the presented text, which is based on the content of individual chapters. The second chapter focuses on the theoretical basis of the enforcement procedure and presents the reader with the fundamental legal framework on which the following text will be based. Emphasis is placed primarily on the division of enforcement procedure as one of the types of civil proceedings and the identification of relevant legal sources. Attention is paid to the division of the two types of enforcement procedure. The third chapter attempts to...
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The defense of a debtor in execution proceedings
Laurinová, Aneta ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
The defense of a debtor in execution proceedings Abstract The thesis focuses on the defense of a debtor in execution proceedings. It is divided into theoretical and practical part and composes of six chapters. The thesis is based on specialized literature, professional newspaper articles, Czech courts case law and historical and current legislation. The goal of this thesis is to provide theoretical explanation of selected legal means of the defense given to a debtor in execution proceeding and to subject them to considerations and criticism. Therefore, each part of the thesis doesn't lack considerations of sufficiency or insufficiency of the legislation in relation to the debtor or reflections over the possibilities how to abuse the legal means of defense in execution proceeding by a debtor. The first chapter is devoted to the historical excursion focusing on the execution law with an emphasis on the possibilities of the defense of the debtor against execution. The excursion starts in the Roman era, continues through the medieval and modern execution law and ends with significant milestones in the execution law in the Czech Republic. The second chapter defines the participants of the execution proceedings, because only participants of the execution proceedings are those subject to the legal means of the...
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Status of an obliged person's spouse in the execution proceedings
Cejnarová, Jitka ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Status of an obliged person's spouse in the execution proceedings Abstract The topic of this rigorous thesis is "Status of an obliged person's spouse in the executory proceedings". I got to this topic through my professional experience at the District Court of Prague 5, where I worked as an assistant of a judge for more than a year. As part of this work, I prepared decisions on the procedural motions of the parties to the execution proceedings, including the motions of the obliged person's spouse to a partial discontinuance of the execution proceedings for a judge. As a result of the fact, that I devoted to these motions because of their increasing number still more and my interest in the issue of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce the obliged person's debt and my knowledge about this issue got deeper, I have decided to deal with this topic in my rigorous thesis. The aim of this thesis is to analyze the possibilities of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce obliged person's debt in a particular regimes of procedural legislation of affecting such property, based by the...
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