|
|
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...
|
|
|
Commencement of an enforcement procedure by a licensed enforcement officer in comparison with an enforcement procedure ordered by a court
Kapitán, David ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The content of this thesis is the treatise on the two methods of the enforcement procedure in the frame of the civil procedure, whereas one of these methods is the enforcement procedure carried out by a court, with second method being the enforcement procedure by a licensed enforcement officer. The thesis is divided into thirteen chapters, whereas the author is, in the course of the individual chapters, emphasising mainly the common features as well as the outstanding differences between the aforementioned two methods of the enforcement procedure. Following the general introduction in the first chapter and a short outline of the issue at hand in the second one, is then the content of the third chapter the author's treatise on the enforcement orders as the basis for the enforcement of decisions, whereas each of the individual enforcement orders is dealt with in the frame of a separate subchapter. The content of the fourth chapter is the treatise on the court's course of action preceding the commencement of the enforcement procedure with reference to the regulation of the identical institutes in the course of the enforcement procedure carried out by a licenced enforcement officer and the fifth chapter deals with the issue of commencement applications as the mean of commencement of the procedure most...
|
|
|
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...
|
|
|
Types of civil procedure
Beroušková, Monika ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The attempt of this diploma thesis is to introduce the reader various types of civil procedure. The civil procedure is one of the types of justice besides criminal, administrative and institutional justice. The civil procedure represents the united process, which is internally differentiated. This differentiation is the result of historical development, when the original function of the civil procedure access additional features. The purpose of the civil procedure is not only to provide protection to endangered rights. Another function is to protect the rights against threat. Finally, there is the function of execution and reinsurance. The purpose of this thesis is to provide a comprehensive overview of the various types of civil procedure, their characteristics, common features and differences. The content of this thesis are various types of civil procedure and it is divided into three parts. The first part deals with the civil procedure in general and it's history. The second part, as the main part of the diploma thesis, focuses on characteristics of each types of civil procedure. First there is described civil trial proceedings, which is divided into contentious and non-contentious proceedings. The purpose of civil trial proceedings is to protect the violated or threatened rights or regulation...
|
|
|
Commencement of an enforcement procedure by a licensed enforcement officer in comparison with an enforcement procedure ordered by a court
Kapitán, David ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The content of this thesis is the treatise on the two methods of the enforcement procedure in the frame of the civil procedure, whereas one of these methods is the enforcement procedure carried out by a court, with second method being the enforcement procedure by a licensed enforcement officer. The thesis is divided into thirteen chapters, whereas the author is, in the course of the individual chapters, emphasising mainly the common features as well as the outstanding differences between the aforementioned two methods of the enforcement procedure. Following the general introduction in the first chapter and a short outline of the issue at hand in the second one, is then the content of the third chapter the author's treatise on the enforcement orders as the basis for the enforcement of decisions, whereas each of the individual enforcement orders is dealt with in the frame of a separate subchapter. The content of the fourth chapter is the treatise on the court's course of action preceding the commencement of the enforcement procedure with reference to the regulation of the identical institutes in the course of the enforcement procedure carried out by a licenced enforcement officer and the fifth chapter deals with the issue of commencement applications as the mean of commencement of the procedure most...
|
|
|
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...
|
guest ::
