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Payment order procedures
Blažek, Martin ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Payment order procedures Abstract This diploma thesis is thematically focused on payment order procedures which represent a way to enforce a monetary claim in civil court proceedings in a simpler, faster and more effective way. Its aim is to provide an analytical view of the chosen topic, point out and comment on problematic aspects of the current legislation and take a position on the intended future legislation. The diploma thesis is divided into six chapters. Chapter No. 1 provides a basic introduction to the chosen topic when it offers a brief look at the history and specifies the concept of payment order procedures in more detail. Chapter No. 2 elaborates a regular payment order in detail, starting with the characteristics of the prerequisites for its issuance and ending with its legal power and enforceability. Chapter No. 3 deals with the electronic payment order, the introduction of which into the legal system is seen as the initial beginning of the planned electronization of the Czech justice system; within the framework of this chapter, with regard to the nature of the electronic payment order, its differences from the regular payment order are particularly pointed out. The focus of Chapter No. 4, which is systematically arranged similarly to Chapter No. 2, is the European payment order which,...
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Payment order procedures
Avdibegović, Hana ; Vyskočilová, Silvia (advisor) ; Frintová, Dita (referee)
Payment order procedures Abstract The diploma thesis describes and analyses the current legal regulation of payment order procedure. It focuses not only on the wording of the law, but also on the remaining issues where interpretation by judicial practice was required. The thesis is to some extent critical, as the current legal regulation of injunction proceedings cannot be perceived as sufficient. The regulation of payment order under a bill of exchange or a cheque has been excluded from the discussion, mainly because of its considerable dissimilarities and the attempt to keep the work (also in the context of the comparative part) thematically coherent. The thesis is divided into six parts. The first one provides a general explanation of the concept of summary payment order procedures, explains the concept itself, the nature and defines the individual types. This part also includes an interpretation of the sometimes problematic concept of the right to a fair trial in the context of payment order proceedings. In the second part, the reader is introduced in detail to all aspects of the simple order procedure, with an emphasis on the controversial incorporation of qualified challenges into payment orders. In the third part, the electronic order procedure is introduced, especially its differences from the...
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The trial concentration
Steinerová, Jolana ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
Concentration of Proceedings Abstract My rigorous thesis is focused on legal institute of Concentration of the Proceedings and Summary / Simplified Procedures more precisely Payment Order Procedures as well as their limits. From time immemorial, there has been a requirement for a fair court decision, i.e. the court should grant his decision when all the facts are carefully examined by a court. It is very often time consuming for court to meet this requirement and thanks to this a court gets in collision with another important requirement or principle - Speed of Proceedings relating with final solution of the case. It is therefore a question to determine the moment until when (i) new facts in the proceedings can be stated and (ii) evidence to prove them can be proposed. Current legislation of Concentration of Proceedings is strictly based on the principle of legal concentration of proceedings. Czech legislation doesn't know judicial concentration of proceedings de lege lata. However, our Justice itself found its way through interpretation which means that court either fails to give proper notice or simply doesn't end first hearing (pre-trial proceedings) until closing of proceedings upon final judgement. Legal concentration of proceedings should be in balance with the duty of the court to instruct...
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Payment order procedures
Burianová, Klára ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
This diploma thesis covers payment order procedures and its object is to offer a complex view on the payment order procedures. The thesis is devided into seven main parts. The first part of the thesis introduces the payment order procedures. It also focuses on principles of the payment order procedures, on competent courts and on files. Then, the reader is about to ascertain successively about a payment order, an electronic payment order, a European payment order and a bill (cheque) payment order from the second to the fifth part of the thesis. The sixth part of the thesis concerns the payment order procedures according to a proposal of the new Civil Procedure Code. The final seventh part is related to a payment order procedure and an action order procedure under the French Code de procédure civile. In payment order procedures, proceedings are not ordered and the facts of the matter are not substantiated or proven. The court decides without hearing the defendant on the basis of a proposal. In a payment order, the defendant is ordered to pay to the plaintiff the filed receivable and costs of proceedings, or to file the protest. The difference between an electronic payment order and a payment order is in the form of the request. The advantage of an electronic payment order procedure is that the request for an...
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Payment order procedure
Jurásek, Vít ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The diploma thesis deals with the current legislation of a payment order procedure. It is focused on issues for which legislation does not have an explicit answer. The thesis in particular with the help of generalized conclusions from more significant court decisions tries to find solutions for situations that occur more or less often during the payment order procedure, but are not dealt with uniformly in the practice of lower courts. The existing legislation is also compared with a possible future modification in the new civil procedure code. At first, the concept of the payment order procedure and its basic principles are defined. Furthermore, the importance of this form of procedure for the current Czech judiciary is evaluated, as it helps to speed up and simplify activities of judiciary. This is also achieved by involving court emloyees in decision-making acitivity, whose specifics are also described by the thesis. The following sections are focused on a payment order, an electronic payment order, a payment order under a bill of exchange or a cheque and a European order of payment. The conditions for issuing a given type of decision, its content and the defense options of the defendant are always interpreted. The differences between each sub-type of payment order procedure from general civil proceedings...
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The electronic payment order procedure at the district court
Nippertová, Pavla ; Macková, Alena (referee) ; Smolík, Petr (referee)
In this thesis is described electronic order for payment procedure at the district court. Thesis is divided into six chapters. It begins with a history. The main body of the thesis deals with a legal analysis of the electronic order for payment procedure at a district court. It involves the beginning of the procedure, conditions of procedure, delivery, correction tools, and finally, enforcement. It points at deficiency in legal regulations which makes the interpretation of law problematic. In addition, there can be found a comparative study with a German legal system and European order for payment is also mentioned.
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