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Bachelor thesis deals with creation of Corporate Design for Šmeral Brno as company and design of new website. In first part of thesis, author Described Fundamental Theoretical definitions from area of graphic design, corporate design, web design and internet marketing. The practical part is focused on making of the new company brand, new website designing and planning of basic internet marketing company for propagation.

Inaction and delays in proceedings as disciplinary offenses of judge in the Czech Republic Abstract The present rigorous thesis deals with the topic of disciplinary liability of judges in the Czech Republic, specifically the disciplinary offence of inaction and delays in proceedings, as the most frequently criticized ailment of the Czech judiciary, whether it is the lay or professional public. On the one hand, the thesis defines the theoretical framework and the legal regulation on which the issue of disciplinary offences of inaction and delays in proceedings is based (in particular Act No. 6/2002 Coll., on Courts, Judges, Judges and the State Administration of Courts and on Amendments to Certain Other Acts, as amended, and Act No. 7/2002 Coll, on proceedings in respect of judges, public prosecutors and bailiffs, as amended), but at the same time the rich case law of both the European Court of Human Rights relating to disciplinary proceedings in the Czech Republic and the Constitutional Court is presented, and last but not least the case law of the disciplinary chambers of the Supreme Administrative Court. The thesis presents an analysis of the decisions of the disciplinary chambers of the Supreme Administrative Court in the years 2008 - 2023, whereby the analysis examines the methods of decision-making...

Preliminary injunctions in civil proceedings Abstract This diploma thesis deals with the issue of preliminary injunctions in civil proceedings, which are a means of achieving the fastest possible but only temporary protection of a endangered or violated right. Preliminary injunctions have a special function in the civil proceedings, and therefore their legal regulation includes special rules that differ from the regulation of ordinary proceedings. The thesis aims to explain the theoretical foundations of preliminary injunctions, to describe and interpret the current legal regulation of preliminary injunctions and the preliminary injunction proceedings contained in the Civil Procedure Code, but also to highlight the problematic issues of the procedure and the legal regulation and to suggest a suitable solutions. As for the structure, this thesis is divided into three parts. The first part summarizes the historical development of preliminary injunctions in the Czech legal system. The second part is theoretical and deals with the concept, purpose and characteristics of preliminary injunctions, the system of legal regulation, types of preliminary injunctions and the principles of preliminary injunctions proceeding. The third (last) part interpret the current legal regulation of preliminary injunctions. It...

Procedural Role of the Insolvency Trustee Abstract The subject of this rigorous thesis is the procedural status and role of the insolvency trustee as a sui generis procedural subject appearing in insolvency proceedings, which represents a special type of civil process that is characterized by the collective nature of enforcement and (partial) satisfaction of the debtor's creditors' claims and simultaneous settlement of the debtor's property relations according to the chosen method of bankruptcy resolution. The aim of the thesis, as its title suggests, is not a general description of the insolvency proceedings, however a thorough analysis of the procedural role and duties of the insolvency trustee during the performance of his obligations in insolvency proceedings. I try to achieve the stated goal by interpreting relevant legal regulations, Czech and foreign expert literature, relevant practice of the higher courts of the Czech Republic, and in some parts of the thesis I also provide my own thoughts and opinions on the given issue. The actual text of the thesis consists of an introduction, three main chapters, which are further divided into sub-chapters at several levels, and a conclusion, where the most important findings discussed in the text of the thesis are summarized. In the first chapter, as part of a...

THESIS TITLE, ABSTRACT AND KEYWORDS Evidence proceeding focused on expert opinion This diploma thesis is dedicated to the problematics of performance of expert activity in relation to judicial evidence proceeding. The main goal of this thesis is to provide a comprehensive explanation about expert opinion whereas it is based on effective legal regulation of expert activity, on higher courts judicial practice and finally on professional literature. Understanding of this issue may play a significant role in both expert opinion elaboration and its subsequent production and evaluating before courts. The diploma thesis is notionally divided into two parts. The first part is the theoretical part, and it includes the first to third chapters of the thesis. In the first chapter the thesis delas with a general description of evidence proceeding in civil procedure. There are explained the basics concepts of this process without which would not be possible to continue in next explanation. There are also described other typical means of proof together with their specific characteristics in order that the reader of the thesis can distinguish the differences between them and expert opinion. In the second chapter of this thesis is discussed expert activity as such. Particularly important subchapter of this chapter is...

Procedural defence of the defendant in bill of exchange proceedings Abstract This work deals with the issue of a bill of exchange and bill of exchange proceedings, and especially the procedural defence of the debtor arising from the bill of exchange. The aim of this work is the issue of the bill of exchange and bill of exchange proceedings, or more precisely the procedural defence of the debtor from the bill of exchange. The whole work is divided into a theoretical part and a practical part, while the theoretical part is further divided into substantive and procedural principles of bill of exchange proceedings as such. The theoretical part concerns the current state of knowledge, substantive legal bases are important mainly because they are the subject of this work to examine whether it could be challenged in bill of exchange proceedings for its defect. The procedural subchapter is then a key part of the whole work, because in addition to the list of available defences of the debtor from the bill of exchange, it also offers the case law of courts, which deals with these means and tests their success in practice. The practical part focuses on three hypotheses that have been proven to some extent. The first hypothesis states that bill of exchange proceedings offer the creditor a certain advantage over the...

eJustice in civil procedure Abstract This thesis deals with eJustice in civil proceedings, and specifically with electronic tools that can be used in civil proceedings. The purpose of the thesis was to describe and analyse the current legal regulation of the eJustice tools introduced so far from the perspective of civil proceedings using the descriptive method and the analytical method and to answer the research questions that the author asked in the introduction of the thesis. The thesis consists of seven chapters. The first chapter focuses on the relationship between eGovernment and eJustice. The second chapter provides an explanation of the concept of eJustice in civil proceedings. The third chapter maps the historical development of eJustice in the Czech Republic. The fourth chapter describes the goals set for eJustice. The fifth chapter discusses the individual eJustice tools applicable in civil proceedings, namely electronic communication tools, tools for payment of court fees, tools related to obtaining information necessary for a decision, tools related to random allocation of ideas, tools related to the course of court proceedings and tools through which courts provide information about their activities to the public. The sixth chapter evaluates the tools described and analysed in the previous...

The diploma thesis is focused on the civil law institute of liquidation of inheritance, in this wording the term first has been implemented by Act no. 292/2013 Coll., Code on Special Court Proceedings., which came into force in 2014. The aim of the diploma thesis is to introduce the reader the term liquidation of inheritance and liquidation administrator of inheritance activity starting from appointment liquidation administrator of inheritance. The thesis offers author's reflection on the growing trend in the number of ordered liquidations of inheritance at the suggestion of the state and its consequences. To sufficiently illustrate the issue, the thesis contains appendices that better reflect the activities of liquidator administrator of inheritance, the inheritance court and the court commissioner. The thesis is divided into seven parts, the first part of the thesis introduces the reader to the issue and explains to the reader the reasons why the author decided to write thesis about this topic. The second part deals with the institute of liquidation of inheritance itself and the preconditions that must be fulfilled in order for the liquidation of inheritance to be ordered by a court. The third part deals with the person of the liquidation administrator of inheritance, the reader is acquainted...

Expert and Expert Opinion in Civil Proceedings Abstract This thesis combines the topic of expert opinion as an important means of proof in civil court proceedings with wider issues of expertise. That means it also deals with the conditions for the proper performance of the expert activity with a focus on its outcome - expert opinion. Understanding these relationships in their contexts can play an important role in seeking good practice in the judicial proceeding, evaluating an expert opinion by a court or even being subject to de lege ferenda considerations in the area of regulatory and procedural rules. Since the correct and effective use of this means of proof has a direct impact on the speed and cost efficiency of court proceedings, the issue of optimal setting of expert activity is currently highly up- to-date. Therefore, this thesis focuses first on the issues related to the activity of judicial experts, its legal regulation and deals with the analysis of the requirements of the expert opinion and the correct course of the expert in its elaboration. The next part follows a brief introduction to the theory of proof and represents an expert opinion as a specific means of proof using in civil court proceedings, which requires a number of partial steps. The work focuses on the effects of proper activity of...

Disputes over inheritance law in inheritance proceedings Abstract This thesis deals with the inheritance proceedings. The thesis is primarily focused on disputes over inheritance law that may arise during the inheritance proceedings and which must be resolved in the ways prescribed by law before the final decision on inheritance is made. The content of this thesis is divided into four main chapters. The first chapter is devoted to the general characteristics of inheritance proceedings. The purpose was to describe which legal provisions regulate the inheritance procedure, on which principles the procedure is based and what its normal course looks like. Chapter two is focused directly on the disputes over inheritance law. The subchapters describe what a dispute over inheritance law is and how it is defined by the Act On Special Court Proceedings. On the contrary, it is also described what the case law or commentary literature does not consider as a dispute over inheritance law, although this may not be obvious at first sight. The procedure for resolving such disputes depends on whether the dispute is based solely on a legal assessment of the situation, or whether the facts on which the right of succession of individuals depends are the subject of the dispute. The aim of the subchapter, which focuses on the...

Inheritance proceedings with a focus on the transfer of the testator's debts Abstract This diploma thesis, entitled Inheritance proceedings with a focus on the transfer of the testator's debts, deals with inheritance proceedings as such with an emphasis on the transfer of the testator's debts to his legal successors and their settlement. The thesis is divided into four separate chapters. The first chapter contains a general introduction to the basic principles of civil procedural law, uncontested proceedings, and inheritance, to the purpose of inheritance proceedings, and to the sources of law on which the inheritance proceedings are based. Other subchapters are also devoted to defining the jurisdiction of the court and identifying the persons involved in the proceedings. The second chapter deals with the course of inheritance proceedings with a focus on the transfer of the testator's debts from its commencement to its final termination. The chapter discusses, among other things, the preliminary investigation, identification of the estate's assets and liabilities, separate subchapters are devoted to the reservation of the inventory and convocation of creditors. Furthermore, the discussion of the estate itself and the decision on the estate are discussed. The last subchapter briefly deals with the additional...

The benefit of inventory in inheritance proceedings The thesis provides a description of an issue of heir liability to the debts of testators and a restriction of this capacity in a form of the benefit of inventory institute. The aim of the thesis is to provide a complex description of this institute and an impact of its use on the process of inheritance procedure. The thesis also deals with a legislation of an estate inventory and its practical usage. Part of the thesis is devoted to a comparison of a current legislation with the previous one as well as a comparison with the German legislation. The thesis is divided systematically into five chapters. The aim of the first chapter is to explain basic concepts and principles that should offer the reader a theoretical base, which means regarding an inheritance procedure per se and mainly to elucidate a concept of a testator's debts transfer in connection with a principle of universal succession. The second chapter deals with a comparison of testator's debts transfer to an heir included in the Civil Code with a previous legislation. The chapter outlines the ideological changes that occurred in the course of time and how these were projected into inheritance law legislation. A major part of the chapter deals mostly with a comparison with a common Civil...

Reorganisation and restructuring Abstract This rigorous work is focused on the issue of reorganization and restructuring. The main goal of the author of this work is to describe some selected current and future remediation processes for entrepreneurs, especially taking into account their real usability in practice. The author specifically focuses on the institutes of reorganization, informal restructuring, and preventive restructuring. In addition to the above, the author considers the advantages and disadvantages of these institutes and critically evaluates their current regulation, while the author complements these critical considerations with de lege ferenda considerations, which aim to improve the functioning of restructuring processes in the Czech Republic. In order to achieve the above-mentioned goals, the author discusses the institute of reorganization in one of the introductory chapters, especially with regard to its actual success and usability in practice, focusing primarily on its current problematic issues. The author also focuses on the institute of the so-called pre-packaged reorganization, due to its consensual nature, which can serve as a source of inspiration for future restructuring institutes, which will have a basis built mainly on consensus between the debtor and his creditors. To...

Thesis title: Burden of proof The subject of the diploma thesis is the institute of the burden of proof, with emphasis on the manifestations of individual constitutive components of the burden of proof, especially in civil contentious declaratory proceedings. Attention is also paid to the concept of non liquet. The author deals with the comparison of the basic principles governing the contentious and non-contentious declaratory proceedings and the concepts, or institutes, inherently linked to the burden of proof. The third part of the thesis focuses on the institute of the burden of proof in other selected types of civil proceedings, as well as on the comparison of the institute of the objective burden of proof with the principle of in dubio pro reo governing criminal proceedings. The fourth chapter deals with the different forms in which the rules of the burden of proof are found in the Czech legal system - the basic rule of the burden of proof, which is not explicitly regulated in the Czech legal system, explicit statutory rules of the burden of proof, statutory rebuttable presumptions, as well as judicial development of the rules of the burden of proof. In relation to the last mentioned form, the thesis moves to the issue of the so- called reversal of the burden of proof. The possibility for the...

Enforcement of non-pecuniary performance by court or private enforcement officers Abstract The subject matter of this diploma thesis is a description of enforcement of non-pecuniary performance by a court or private enforcement officers. Thesis emphasize the importance of effective civil law enforcement in the state and focuses on the important role of the private enforcement officers in this specific kind of civil procedure. Enforcement proceedings, or at least the threat of application of its provisions to obligors who do not comply voluntarily, guarantee that enforceable court decisions are legally binding and have legal consequences, as such these are not mere declarations of the participant subjective rights, but can be enforced by the power of a state. The first chapter of this thesis defines basic distinction of two different nevertheless similar legal procedures which are civil law enforcement by a court and civil law enforcement by private enforcement officers. It deals with the basic differences between these two types of legal enforcement proceedings and the specific position of the private enforcement officer in the system of justice, who is simultaneously executing public authority and is also an entrepreneur with the intention to make a profit. The second chapter of this thesis describes the...

Bill of exchange order for payment Abstract The subject of this thesis is the bill of exchange payment order and the proceedings leading to its issuance, as well as the proceedings following its issuance if objections are filed against the bill of exchange payment order. The bill of exchange order procedure is an institute of civil procedural law that has not undergone fundamental changes, and therefore it is possible to draw on older sources. The author uses case law and scientific literature while attempting to highlight the problematic aspects related to the issuance of a bill of exchange payment order and providing a comparison of individual opinions on the issue, including her own. The thesis is divided into six chapters, further divided into subchapters. The content of each chapter is outlined below. First, the history of the substantive and procedural bill of exchange law in the Czech Republic is briefly mentioned, followed by a chapter devoted to the general characteristics of warrant proceedings and other types of payment orders in the Czech legal system, emphasizing their mutual comparison. The third chapter focuses on the bill of exchange order itself, the conditions for its issuance, its content and particulars, and its delivery to the defendant. In the next chapter, the author deals with the...

Declaratory action as a type of action Abstract An action is one of the most important institutes of civil procedure law. It is generally understood as a procedural act of a plaintiff, but it is also understood as an instrument for the protection of the plaintiff 's threatened or infringed right. It is largely governed by the principle of disposition while the action itself is in fact a complex act of disposition of the plaintiff. Every action has three basic mandatory components which are essential to the question of the identity of different actions. Action also must include prescribed general and special requirements. In practice, we distinguish between several types of actions, the most important division being the division according to the content of the claim. This is how we distinguish between actions for specific performance, declaratory actions, constitutive actions and personal status actions. The object of declaratory action is to declare right or legal relationship. In certain cases, object can also be a legal fact. Right can also be declared in relation to some point in the past. Declaratory action has primary preventive function, but this function is not always dominant. Declaratory action can be positive or negative, the purpose of it is to issue declaratory decision, never constitutive one....

This rigorous thesis conducts a detailed analysis of one of the most effective methods of execution - which is, certainly, the sale of real estate - and it does so from the very beginning (meaning the issuance of execution order) to the satisfaction of the plaintiff's (or other creditors') claims. Although the involuntary auction of real estate is accurately determined in legal act as the ultimate option for satisfaction of creditors' claims, the frequency of real estate auctions is, in fact, relatively high. Therefore, the control over the fundamental steps that the bailiff must take strictly according to the letter of the law cannot be neglected as it may result in an illegal process otherwise. And it is more than appropriate to have an awareness of your rights. This work is a suitable material for the purpose. The principal case law of the courts, professional literature, monographs, various professional articles and other sources were synoptically processed by the author in the course of which they were subject to a thorough analysis that simultaneously incorporated the author's practical knowledge. The outcome of this is a clear and comprehensive text, which aims to provide a foundation for orientation in the complicated legislation not limited to the various legal professions that regularly...

In the context of the preparation of the new Civil Procedure Code and the publication of its theses, the topic of the first ordered meeting with a registered mediator has become more current. According to the material intent of the new Civil Procedure Code, this institute contradicts the voluntary nature of mediation and should therefore be excluded from the legislation. The purpose of this Diploma thesis is to analyze the institute of the first ordered meeting with a registered mediator in such a way that it is possible to assess whether this instrument should remain part of the legislation on civil procedure. At first, this Diploma thesis deals with mediation as one of the alternative methods of dispute resolution. It discusses the principles on which mediation is based, including the principle of voluntariness. It also describes the advantages and disadvantages of this out-of-court dispute resolution. The thesis further focuses on the analysis of the legislation on the first meeting with a mediator and points out its problematic aspects. To evaluate the use and success of this institute in practice, it analyses the statistics of the Ministry of Justice of the Czech Republic and the results of quantitative research carried out for this thesis. The research was made in the form of a questionnaire...

1 Abstract Mediation, its course and impact on court proceedings The aim of this thesis is to introduce the reader to the legal regulation of mediation in the Czech Republic, to explain the basic principles and methods of mediation, the influence of the essential mediation institutes on the legal relations of the parties and to compare the advantages, disadvantages and effects of mediation on court proceedings. In the first part of the thesis, the theoretical concepts of mediation (conflict, mediator, communication and negotiation) are first introduced, then I specify the factual position of the mediator and his influence on the course of mediation. In addition to this, a part of this chapter is also devoted to mediation styles as well as national, European and supranational legislation that may have a major influence on the development of domestic legislation in the future. The second part is devoted to the procedure of the court and the parties to the conflict in the phase before the mediation itself. Here, the text focuses primarily on the court's approach and its role in providing guidance on amicable dispute resolution and in ordering the first meeting with the mediator. It is also worth mentioning here the approach of the legislators to the substantive proposal of the Civil Procedure Code regarding...

Restriction of legal capacity proceedings Abstract This diploma thesis deals with the legal regulation of legal capacity proceedings. Integral part of this thesis is also analysis of related legal capacity substantive law and also other supportive measures such as preliminary declaration, representation of household member and assistance contract. The procedure which leads either to restriction of legal capacity, time extension, change or cancellation of the restriction is however the main point of this thesis. The goal of this thesis is to provide comprehensive view on this type of proceedings in the context of relevant case law and courts practice. Thesis also shows the practical use of this institute in Czech Republic. It also contains the issue of mental illness and its impact on the daily life, the number of persons restricted in their legal capacity, the lenght of court proceedings and the issue of ID cards not containing the information about restricted legal capacity and its possible associated negative consequences. The author tries to suggest possible solutions to the problematic aspects of the legislation and current praxes. The thesis is divided into four chapters. In the first chapter, the author writes about the possible alternatives the legal regulation offers to people who are not fully able...

1 Debt relief amendment (Act No. 31/2019 Sb.) and its impact on the activities of the insolvency administrator - Abstract The thesis deals with the Debt relief amendment (Act No. 31/2019 Sb.) and its impact on the activities of insolvency administrators. This rigorous thesis is divided into introduction, nine chapters and a conclusion. The aim of this paper is to describe the fundamental changes that the debt relief amendment brought into the legislation concerning insolvency law, and to describe the impact of these changes to the activities of insolvency administrators in comparison with the previous regulation. Furthermore, the aim of the thesis is also to evaluate these changes and, eventually, to propose some changes de lege ferenda. In the first chapter, the terms "bankruptcy" and "debt relief" are analysed and the rehabilitative solution of bankruptcy of a debtor is specified, with emphasis on the institutions of release of the debtor from payment of the unpaid parts of their outstanding obligations, the extent of the right to dispose of the debtor's assets, the social dimension of debt relief and the honest intention of the debtor in comparison with the liquidation solution of solving debtor's bankruptcy. The second chapter is devoted to the legislative proceedings of adopting the debt relief...

Civil Procedure and Consumer Abstract This rigorous thesis deals with the topic of private law procedure in relation to the consumer and especially the exercise of his rights. The current state of legislation in this area is highly stratified and multilevel. In addition to the traditional possibility of claiming the individual rights through private litigation before a civil court, dispute resolution methods are also gaining prominence in the field of consumer law due to request for enhanced enforcement of highly harmonized substantive law, which should provide better access to justice and consumer rights also through effective access to the state authorities that would judge such disputes. In connection with a significant amendment to the Consumer Protection Act, specialized procedural protection of consumer rights was institutionalized through the introduction of so-called alternative dispute resolution methods, which are divided among several bodies having jurisdiction and competence in a particular dispute, either to make a binding decision or lead parties to reconciliation or conclusion of a private law agreement. In addition to this relatively new legal regulation of alternative dispute resolution for consumer disputes, the traditional method of dispute resolution in arbitration proceedings also...

Status of insolvency practitioner in insolvency proceedings Abstract This diploma thesis provides a comprehensive legal analysis of the status of the insolvency practitioner not only at the very beginning of insolvency proceedings until filing the final report at the end of insolvency proceedings, but also an analysis of the insolvency practitioner profession itself, including the legal conditions imposed on the insolvency practitioner necessary to obtain a license to perform activities as an insolvency practitioner. The first chapter is a short historical excursion across the legal regulations of the status of insolvency practitioner from the Imperial Decree of 1869 to the present. The second chapter is devoted to the authorization to perform the activities of an insolvency practitioner including its eventual termination or cancellation by the supervisory authority. It discusses in detail the conditions that an insolvency practitioner must meet to be licensed to perform the activities of an insolvency practitioner by the Ministry of Justice of the Czech Republic, and the second part it deals with the professional examinations of insolvency practitioner. The third chapter discusses the procedural status of the insolvency practitioner with a special focus on the person of the insolvency practitioner with a...

Restructuring and Reorganization of Capital Company Abstract There is no doubt that the insolvency of a capital company is an undesirable event that negatively affects a significant number of parties. However, it can also have an impact on a much larger (e.g. macroeconomic or social) scale. It is therefore important that there are mechanisms in place that can help to resolve a company's (particularly financial) distress in a way that not only avoids (likelihood of) insolvency but allows the company's business to remain in operation and restore its profitability. In other words, mechanisms that may enable a remedial solution to the company's distress, as long as such solution makes sense. The mechanisms in question are the subject of this thesis which is currently gaining importance in view of the threat of increasing amount of corporate bankruptcies in the context of the covid-19 disease pandemic. For these purposes, the first half of the thesis (represented by the first four chapters) aims to introduce the reader in more detail to out-of-court restructuring and preventive restructuring procedures that can help to address the less severe intensity of company's distress. In case that a company's distress worsens to such extent that it cannot be resolved informally or semi-formally, or if for some other...

Discharge of debt of a natural person Abstract Inability to repay debts is a long-term problem in the Czech Republic. This problem is exacerbated by the coronavirus epidemic SARS-CoV-2, as a result of which many people have lost their regular income. Especially for natural persons, an attractive solution to their unfavourable financial situation is the institute of discharge of debt. Its aspects are dealt with in this thesis. Through discharge of debt, the debtor can break free of the spiral of debt and return to active economic life. Recently, discharge of debt has undergone significant changes, which were introduced by the so-called Discharge of Debt Amendment and the so-called Lex Covid I and Lex Covid II. The Discharge of Debt Amendment aimed to make the discharge of debt available to a wider group of debtors. Lex Covid I and Lex Covid II were primarily intended to mitigate the adverse economic effects of measures against COVID-19. However, they also introduced permanent changes in the institute of discharge of debt. All these amendments have significantly simplified the conditions for discharge of debt in favour of debtors. However, they are associated with a number of issues that this thesis deals with from a theoretical and practical point of view. In addition, an amendment to the Insolvency Act,...

Joint Debt Relief of Spouses Mgr. Dana Hokrová Abstract This rigorous thesis deals with the issue of joint debt relief of spouses, which undoubtedly forms art of the current topics of bankruptcy law. The rigorous thesis is conceived as a comprehensive treatise on the debt relief of spouses from 2008 to the present. The thesis is arranged chronologically according to the development of the legal provisions of the Insolvency Act with a focus on the most important amendments to Act No. 182/2006 Coll., the Insolvency Act. The first chapter presents insolvency proceedings in general, including individual ways of resolving the debtor's bankruptcy. The next chapters deal with the debt relief of physical persons. Joint debt relief for spouses is a segment of the broad concept of debt relief and therefore cannot be separated from the topic of debt relief. The second chapter deals with the beginning of joint debt relief for spouses in the years 2009 to 2013, when this institute was known only by case law advocacy. An essential part of this chapter is the presentation of different decision-making practices of insolvency courts in several specific cases. The third chapter discusses in detail the revision amendment to the Insolvency Act, in effect since 1 January 2014, which regulated the joint debt relief of spouses at...

1 Judgment debtor's procedural means of defence within the enforcement of judgment Abstract The subject of this thesis is the judgment debtor's procedural means of defence within the enforcement of judgment and its goal is to process comprehensively and to examine in detail the applicable legislation, case law and professional publications related to this issue. In addition to the introduction and conclusion the thesis is divided into five main parts, some of which are divided into individual chapters subdivided into individual points where needed. The first part of the thesis is devoted to general interpretation of the enforcement of judgment, including judicial enforcement of judgment and execution. The basic institutes of the enforcement procedure are discussed here as well as the basic principles by which the enforcement proceedings are controlled. In the remaining parts of the thesis the attention is focused on specific procedural means of defence of the judgment debtor within the enforcement of judgment. The second part contains the legal analysis of the procedural means that the judgment debtor can use in his defence during the enforcement proceedings. The individual chapters of this part deal with the objection of local jurisdiction of the court of judicial enforcement of the judgment, the objection...

The Status and Particularities of a Bill of Exchange Proceeding Abstract The thesis deals with a bill of exchange proceedings as a specific kind of civil procedure. This specific kind of proceedings is used for making a claim to a bill of exchange by its owner. The first chapter contains a definition of the character and purpose of the bill of exchange proceedings. The second chapter defines one of the general conditions of the procedure - jurisdiction. The second part of this chapter defines the preconditions for issuing a specific kind of judgement in the bill of exchange proceedings, the order for payment. The third chapter contains a definition of standing and a specific group of litigants in the bill of exchange relation followed by the party dispositions of the claimants for changes in the party to the proceedings. The fourth chapter deals with the party dispositions of the claimants for changes in the object of the proceedings. This chapter also includes the determination of the relevant point in time for issuing the order for payment in a bill of exchange proceedings. The fifth and sixth chapters contain two specific components of the bill of exchange proceedings, namely special kind of appeal known as objections and the concentration of proceedings. There are also mentioned the objection to set-off...

Reorganization as an insolvency method in the Czech law with focus on a prepacked reorganization Abstract This thesis deals with one of the insolvency methods in the Czech Republic, a reorganization. Proper definition of a bankruptcy is the crucial and initiatory point of Czech insolvency proceedings. Bankruptcy is defined not only by the introductory provisions of the Insolvency Act, but also by the conclusions of Czech higher courts which are analysed in this thesis. In case that debtor's economic situation overreaches an imaginary bound of bankruptcy the author of this thesis proposes to solve this situation by way of reorganization as a suitable insolvency method. However, not all debtors are eligible to be subject of reorganization. The debtor must be an entrepreneur with an annual net turnover for the last financial year prior to filing for insolvency in the amount of at least CZK 50,000,000 or must have at least 50 employees. The debtor who does not fulfil these criteria may be subject to reorganization at all. The Insolvency Act offers a solution by mean of the prepacked reorganization approved by at least half of all debtor's secured and unsecured creditors. As the title of this thesis suggests, it covers the main attributes of the prepacked form of reorganization, which provides the debtor with a...

This diploma thesis deals with the issue of evidence in civil proceedings and evidence closely related to information technology. The importance of this issue constantly intensifies together with the expansion of digitization in social relations. Particular attention is paid to the issue of electronic evidence in a broader sense, its probative value, characteristics, but also to the issue of their imputability to a specific person or authenticity. At the same time, the thesis focuses on the practical aspect of this matter and the way in which the relevant evidence is obtained and taken, especially with regard to the approach and decision-making practice of Czech courts. The overall objective of the thesis is to evaluate current practice and to define basic practical and theoretical issues arising from the specificity of such evidence. It also needed to be pointed out that there are numerous advantages electronic evidence carries, among others, the amount of information it contains. At the same time, the attention is also briefly paid to possible future developments in this area. For this very purpose, the thesis is divided into several parts in order to provide, first and foremost, insight into the general underpinnings of information technology and evidence in civil proceedings. Central to this...

1 Filing claims in insolvency proceedings Abstract The topic of this master's thesis is the issue of filing claims in the Czech insolvency proceedings, especially the lodging of claims but also other ways of filing claims. Furthermore, the thesis deals with the legal regulation of lodging claims in European insolvency law. Finally, the subject of the thesis is the evaluation of the position of creditors and debtors in insolvency proceedings with a detail on discharge of debt. The aim of this thesis is to comprehensively elaborate on the issue using the Czech legislation and the European Union legislation. To deepen the legal analysis of the filing of claims the author uses already established court practice and other case law conclusions of higher courts, as well as professional literature. In addition to the descriptive method of defining the issue, the author also applies her own evaluating conclusions and considerations and uses the experience gained from her insolvency practice. The author describes the system of lodging claims including the analysis of the deadline for lodging claims and disputes arising from this regulation and further deals in detail with the lodgement form, its submission and the creditor's responsibility for the correctness of the lodgement. The author characterizes specially...

The diploma thesis deals with the institute of compulsory representation in a civil dispute. That is, a situation where the parties to such a dispute must be represented by an attorney-at- law. The diploma thesis provides a comprehensive review of this institute and its regulation de lege lata including excursions to the regulation of compulsory representation outside civil procedure. It further compares it to the historical regulation of compulsory representation in the territory of present Czech Republic and with foreign legislation as well, specifically with the regulation of compulsory representation in Austrian, German and Slovak procedural codes. The diploma thesis emphasizes the regulation of mandatory representation de lege ferenda. Aside from considering individual aspects of possible future regulation and the general benefit or, on the other hand, the disadvantages of introducing compulsory representation, it compares it both to the draft Act on collective proceeding and to the Substantive Intent of the Civil Procedure Code. Although one of the proposals is already under legislative process (as of the date of concluding the manuscript of this diploma thesis) and the other is more of a set of basic theses for further discussion, both proposals introduce mandatory representation into Czech civil...

A debtor's discharge can be solved within insolvency by a few forms, where this thesis aims attention to a discharge. The issue is a relatively new institute, which has been incorporated to our system of law by Act No. 182/2006 Coll., the insolvency act. The key theme of this thesis is a complex view of a way to solve an individual's bankruptcy by a discharge, without a focus on businessman or discharge of spouses. We count insolvency among private law for its same principals, however in some cases it is quite different and in its own way unique. Czech legal system knows two types of discharge, a discharge by a realization of an insolvency estate and a discharge by fulfilling a payment schedule with a realization of an insolvency estate. Due to the law, we differ two phases of insolvency. The first one is mutual for all the forms of resolving bankruptcy and includes especially initiation of the process, which can be done only by submitting a proposal (of either a debtor or a creditor), also ruling about bankruptcy and insolvency proposal as itself, and finally submission of applications of creditors' claims, while the second one adjusts forms of resolving bankruptcy. Within a discharge we talk mainly about passing of discharge, performing individual types of discharge, possibly dissolution of...

The purpose of this thesis was to analyze procedure of the creditor in case of insolvency of the debtor with a focus on the process of applying receivables in the insolvency proceedings, reviewing the registered receivables by the insolvency administrator, denying the registered receivables by the entities who have the right to deny receivables and the further fate of receivables that were denied. All this, taking into account the case law that relates to this issue, and in comparison with knowledge from the practical application of insolvency law institutes. The intention of the author was to provide a qualified discourse on the process leading to the determination of the receivable in insolvency proceedings, taking into account the pitfalls that can meet the receivable on this path. The author has divided the thesis into six main chapters, which are further divided into subchapters. The first chapter deals with the phenomenon of insolvency and deals in general with insolvency proceedings and the evolution of insolvency law in the Czech Republic. In the second chapter, the author focuses on the person of the creditor, i.e. the one who participates in the insolvency proceedings in order to satisfy his receivables. This chapter is divided into two subchapters, the first of which deals generally with...

Problems of the insolvency law in the practice of insolvency court Abstract This rigorous thesis deals with the Insolvency Act and the problems and uncertainties contained in it, which people working with it (especially insolvency courts) encounter in their practice. The rigorous thesis is divided into five main parts, four of which are further divided into chapters. The first part serves as a depiction of the long-term historical development of bankruptcy law, the beginnings of which can be found in Roman law. Emphasis is placed especially on the Bankruptcy and Settlement Act and the Insolvency Act and especially on the number of their amendments. The second part deals with the problematic provisions of the general part of the Insolvency Act and deals with the provisions describing the insolvency proceedings before the declaration of bankruptcy as well as the provisions that will apply during the entire insolvency proceedings. This part is therefore the most extensive. The following two parts are devoted to the special part of the Insolvency Act. The third part describes the imperfections of the bankruptcy solved by liquidation, of which, however, there aren't as many as in other parts of the Insolvency Act, a fact that the author connects to the history of bankruptcy law in the Czech Republic, in...

This rigorous thesis deals with what its author considers a rather neglected topic of enforcement of non-monetary claims by licensed enforcement officers. Apart from the introductory and the final sections, it is divided into a total of eleven chapters, in which the author first describes individual methods of enforcing non-monetary claims, then follows with an analysis of their common principles. After a general introduction, the author shortly examines the concept and problematics of enforcement, while the second chapter is dedicated to enforceable titles imposing non- monetary obligations and the third chapter to the commencement of enforcement proceedings. Following chapters then analyse individual methods of enforcing non-monetary claims. The fourth chapter deals with eviction, its preparation, execution and the steps immediately following it; the fifth chapter deals with recovery of unlawfully held property, i.e. the very act of confiscation by the enforcement officer as well as the eventual procedure in case the confiscated property cannot be found; the sixth chapter deals with partition of property, both by its sale and by physical separation. The seventh chapter deals with completion of works and other performances, both substitutable and non-substitutable, while the eight chapter deals...

Insolvency administrator and his role in insolvency proceedings Abstract The thesis deals with the professional requirements for an insolvency administrator and his status and activities in the insolvency proceedings. Considering the frequent amendments of the legislation regulating insolvency proceedings, including the rights and obligations of the insolvency administrator, this is a particularly relevant topic. The aim of the thesis is to provide a comprehensive overview of the conditions which must be met to become an insolvency administrator, what role the insolvency administrator performs in insolvency proceedings and what are his most important rights and obligations. The thesis is divided into six chapters. The first chapter deals with legal regulations governing the status and activities of the insolvency administrator and includes, in particular, two fundamental acts and their implementing decrees. The second chapter addresses the person of the insolvency administrator from a professional perspective, that is to say, what are the preconditions for obtaining permission to practise as an insolvency administrator and under what conditions the authorisation to practise ceases. Furthermore, the chapter covers the area of the list of insolvency administrators and the way in which insolvency...

Lodging of claims in insolvency proceedings Abstract The goal of this thesis is to analyze legislation and court decisions concerning the lodging of claims in insolvency proceedings, from the lodging itself to the admission of a claim or the termination of creditors participation in the proceedings. Throughout the thesis, the author describes specific institutes that pertain to lodging of claims and at the same time points out, how they cohere. The thesis is divided into six parts, which are further split into chapters and sections. The aim of the first chapter of the thesis is to acquaint a reader not versed in insolvency proceedings with its essence, inasmuch is necessary for their understanding of the more specific topic of the lodging of claims. The second part focuses on the concept of claims and their definition within insolvency law. A large segment of this part deals with differentiating claims based on various criteria, with emphasis on the legal ramifications of such differences. The thirds part deals with the act of lodgement of claims itself. The goal of this part is to define the lodgement of claims as a legal action within a proceedings - especially to describe its necessary form, contents and proper approach for its submission. The fourth part focuses on how the creditor might change or...

English abstract This diploma thesis is concerned with the institution of the estate in insolvency proceedings. The insolvency estate is a key concept in insolvency law, as the successful consummation of the very goal of insolvency proceedings depends on the substance of this term. The goal of insolvency proceedings is the highest possible, properly prorated satisfaction of the debtor's creditors. The present thesis does not attempt to cover the concept of the insolvency estate in its entire breadth with respect to the various methods for resolving the debtor's insolvency, but instead focuses on the general delineation of the insolvency estate and on certain specific aspects related to bankruptcy discharge. The thesis also discusses some of the most recent changes to the law which were introduced in particular by the bankruptcy discharge amendment effective as of 1 June 2019 - an amendment which has fundamentally changed the previous legal framework for bankruptcy discharge and which has had a not insignificant impact also on the way in which the insolvency estate as a legal concept is shaped. The main objective pursued by this diploma thesis is to assess the current legal framework governing the insolvency estate as well as the institutions which build upon the insolvency estate, in terms of how they hold...

This diploma thesis deals with the topic of reimbursement of costs in trial proceedings and enforcement proceedings. The main goal of this thesis is to provide a comprehensive overview of the topic and to explain fundamental aspects of costs in trial proceedings and enforcement proceedings as well. The diploma thesis focuses not only on the interpretation of legal provisions but also on the case law, which is cited throughout the text. The diploma thesis consists of an introduction, two main chapters, and a conclusion. The first chapter discusses reimbursement of costs in trial proceedings and is systematically segmented according to corresponding phases of a trial proceeding. The first part of this chapter describes costs in trial proceedings. The following subchapters discuss principles of cost reimbursement in contentious proceedings. The subchapter 1.3.3 focuses on legal conditions for awarding costs with an emphasis on the discretionary power of the courts and pretrial notice. The subchapter 1.4 deals with reimbursement of costs in non-contentious proceedings. The last part of this chapter discusses remedies directed against decisions regarding costs in trial proceedings, including the constitutional complaint. Reimbursement of costs in enforcement proceedings under the Enforcement Regulations...

An interim measure is a procedural institute, which aims to prevent possible negative consequences to the legal sphere of the applicant in case he would not be able to exercise his rights until the court's final decision is made. This is a frequently used procedural institute, which can ensure a quick but only temporary adjustment of the conditions of the participants in the legal proceedings. The author divided the thesis into three chapters. In the first chapter, the author deals with the concept of interim measures, its nature and the distinction of different types of interim measures. To understand the meaning of interim measures, the author focused in the second part of this chapter on the historical development of interim measures. The second chapter is most crucial because it focuses on the interim measures in Civil Code Procedure. The legal regulation of the general interim measures can be used for special interim measures as an alternative to their regulation in Special Court Proceedings. The author dealt in detail with all aspects of general interim measures, in particular the general preconditions for ordering interim measures, the procedural process from the filing of the application to the issue of the decision and the possibility to appeal against the decision. In the third chapter,...

Assets in Insolvency Proceedings Abstract The diploma thesis provides comprehensive analysis of an institute of assets in insolvency proceedings. The first chapter focuses on a definition of assets aiming at importance of the institute in the current legal system in the Czech Republic. The second chapter analyses an extent of assets and institutes of invalidity and ineffectiveness of legal actions in insolvency proceedings including an analysis of provisions related to defence indictment. In addition to positive and negative determination of a content of assets and detailed description of the relevant assets, a description of a mutual relation of insolvency and execution proceedings is a part of the third chapter. Subsequently, the fourth chapter deals with assets determination procedure aiming at an obligation of a debtor or persons acting on behalf of a debtor as well as the third persons and public authorities to provide an insolvency administrator with cooperation. The fifth chapter concerns obligations of an insolvency administrator relating to an inventory of assets and conditions under which seeking exclusion and exemption from assets may be achieved. The sixth chapter analyses a legislation related to disposition over assets including an administration of assets and determination of a person with...

Expert Opinion and Its Assessment Abstract Expert opinion is an important institute for professional evaluation of facts and is widely used in public and private law. This thesis primarily focuses on the examination of expert opinion as a means of proof from the point of view of civil procedural law. In civil procedure, an expert opinion often serves as a basis for issuing a court decision. For this reason, high requirements are placed not only on the persons of experts but on expert opinion itself as well. This thesis focuses on the judicial assessments of an expert opinion, i.e. the judicial evaluation of whether the expert opinion meets all the requirements that it should meet by law. Special emphasis is placed on the reviewability of the expert opinion, as it is a prerequisite for any evaluation. Furthermore, the criteria for judicial review of expert conclusions are determined and defined in this thesis. They include legality, relevance and truthfulness. The criterion of factual correctness is examined in more detail, as its application is the most conflicting within the academic circles. However, this work argues and concludes that the court should subject the expert opinion to a full assessment, including the review of factual correctness, otherwise a court decision could ultimately be a...

Application of claims to bancrupcy proceedings Abstract This thesis deals with claiming entitlements within insolvency proceedings. The aim of this thesis is to provide a comprehensive overview of formal requirements for creditors and all types of entitlements which can be claimed in insolvency proceedings regardless at what phase of the proceeding they originated. The thesis is approached with a practical point of view with the use of years of experience in the field of insolvency law. Practical consequences are stated in each chapter. The positives and negatives of individual amendments to the Insolvency act and proposals de lege ferenda are stated in the conclusion. Key words: claim, entitlement, insolvency proceeding, creditor

1 Abstract This rigorous thesis deals with the issue of judicial and execution recovery of maintenance for a minor child. The work is conceived as a comprehensive treatise on the topic. The first part includes the definition of the maintenance obligation, questions concerning the relevant aspects of determining the amount of maintenance on the part of both the obligated parent and the entitled child, and maintenance proceedings in the discovery procedure. The second part of the thesis contains a basic overview of the enforcement proceedings, the differences of the execution and judicial enforcement of the decision are defined. Work is mainly done with the execution regulation, as in practice prevailing for the enforcement of enforceable obligations. The thesis describes the execution process, including its individual subjects and preconditions for conducting execution, execution principles and execution titles. A substantial part of the work is devoted to general ways of execution, because the recovery of maintenance is to some extent a mere enforcement of pecuniary obligations and at the same time it is the ways in which maintenance is most often collected. The main part is the chapter dealing with the specifics of recovery of child support. Problematic aspects of the enforcement of a maintenance decision...

Selected issues of inheritance proceedings This diploma thesis deals with selected issues of inheritance proceedings which play an important role in inheritance proceedings. These selected issues are the assets and liabilities of the estate, their detection, an importance of the common property of spouses and its settlement as a result of the death of one of the spouses and the role of the international element in the inheritance proceedings. Except for the introduction and conclusion, the thesis is composed of two main chapters which are further divided into individual subchapters. The first chapter deals with the assets and liabilities of the estate and it is divided into three large subchapters. The first subchapter deals in general with the assets and liabilities that create the estate, defines them and focuses on the means from which information is obtained about them and also contains legislation about estate without assets and estate with assets of no or insignificant value. The second subchapter focuses on the process of determining assets and liabilities the result of which is the creation of a list of assets and liabilities of the estate. It also regulates a solution of disputes which arise during the creation of the list and methods of valuing the estate. The third subchapter consists of...