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Methods of discontinuance of the enforcement of judgement (execution)
Rousová, Veronika ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Methods of discontinuance of the enforcement of judgement (execution) Abstract The present thesis deals first of all with the analysis of the individual grounds for stopping the execution under the provisions of Sec. 268 (1) (a) - (h) of the Code of Civil Procedure, with attention aimed at (h), which is most influenced by the development of case law, with a focus on executions conducted on the basis of ineligible enforcement titles, which are arbitral awards. The aim of this paper is to carefully analyse these general grounds for putting an end to the execution, as well as the new grounds for stopping the execution brought about by the amendment to the Enforcement Code, which was implemented by Act No. 286/2021 Coll. The purpose of my work, however, was also to point out the current issues in the field of execution, in particular the stopping of execution after it has already ended in recovery, as well as the stopping of execution again on priority grounds after the execution has already been stopped on non-priority grounds, which could have brought less favourable legal effects to the debtor. The first part of the thesis, in which in the first chapter I introduce the institution of the termination of execution, as well as in the second chapter the motion for termination of execution, which initiates the...
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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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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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Discontinuance of the enforcement of judgement (execution) in specific cases
Červ, Matěj ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
The Diploma thesis deals with specific reasons for discontinuance of an ongoing execution. The aim of this work is to describe general reasons for discontinuance of execution and, above all, to map specific, but not isolated, cases of discontinuance of execution, thus demonstrating a shift in a defence of the liable party and an attempt to eliminate the flagrant injustice The thesis is divided into nine chapters. The first chapter defines basic terms related to the topic of this diploma thesis. The second chapter deals with the discontinuance of the enforcement of a judgment. and the conditions that are necessary for the judgement. The chapter called Discontinuance of execution is divided into several subchapters, where the introductory subchapter deals with the content of the application of the discontinuance of execution, especially the procedural procedure regarding the application There are individual general reasons for discontinuance of execution pursuant to section 268 of the Code of civil procedure described in the other subchapters. The fourth chapter briefly covers the closely related institute of protection of the obliged person, namely the deferral of execution. In the fifth chapter, the first subchapter is devoted to the institute of arbitration procedure, whose importance is essential for the...
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Selected Issues of the Discontinuance of Execution according to the Provision of Sec. 268 (1)(a - h) of the Code of Civil Procedure
Najmanová, Veronika ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Selected Issues of the Discontinuance of Execution according to the Provision of Sec. 268 (1)(a - h) of the Code of Civil Procedure ABSTRACT Execution, as the compulsory performance of obligations by way of interfering with the property interests of the obliged party, for the purpose of recovering the performances owed, represents an important procedural instrument through which creditors may assert their rights vis-a-vis debtors who failed to voluntarily fulfill the obligations imposed unto them in the enforcement order. However, not every execution is successful (in the sense that it results in the recovery of the performance owed). Circumstances may arise during the debt enforcement procedure which prevent its continuation and require enforcement action to cease before its intended purpose could be consummated. The law reflects these situations by providing for the discontinuance of execution, a procedural institution whose purpose it is to permanently prevent the compulsory performance of obligations as per the enforcement order and to lift the effects of the ongoing enforcement on the obliged party's property interests. This is at the same time the only means of defense available to obliged parties who wish to defend themselves against ongoing debt enforcement. There exists a host of reasons which may...
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Reasons for discontinuation of distraint
Matoušková, Lucie ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Reasons for discontinuation of distraint - Abstract The subject-matter of this diploma thesis are the reasons for the discontinuation of distraint performed by a court distrainor in accordance with the Rules of Distraining. The importance of the chosen topic is justified by the fact that the only means the liable party can use to effectively defend themselves against distraint is a motion for the discontinuation or postponement of distraint. The first part of the diploma thesis deals with sources of the legal regulation, the most important amendments and the basic terminology which is closely related to the discussed procedural institute of the discontinuation of distraint. One of the key principles governing the distraint proceedings is the principle of protecting and defending the liable party while performing distraint. The chapter focused on basic principles affecting the course of the distraint proceedings deals particularly with those principles that are applied in the stage of the distraint proceedings from the filing of the motion for the discontinuation of distraint, or the motion for the postponement of distraint, until a decision on that motion is taken, or also in the cases where a decision on the discontinuation of distraint is taken even without filing a motion. The chapter focusing on the...
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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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