Sėkmingas sprendimų vykdymo procesas neįmanomas be tinkamo finansavimo. Nuo 2003-01-01 pradėjus veikti privačiai antstolių sistemai pasikeitė ir vykdymo proceso finansavimo tvarka. Valstybė vykdymo proceso finansavimo naštą perkėlė išieškotojui. Pagal šiuo metu galiojančią tvarką, išieškotojas pateikdamas sprendimą priverstiniam vykdymui privalo apmokėti ir visas su tokio sprendimo vykdymo susijusias išlaidas. Vykdymo išlaidų atlyginimo tvarkos teisiniame reglamentavime įtvirtintas bendrasis principas, kad įvykdžius vykdomąjį dokumentą visos vykdymo išlaidos išieškomos iš skolininko. Tačiau kaip vėliau darbe atskleidžiama, praktinis minėto principo taikymas kelia daug problemų visiems vykdymo proceso dalyviams. / The main target for this work is to find out how effective is today`s regulations about payments made for execution process and how capable are those regulations in order to protect one`s right`s not to be involved in a perpetual legal proceedings to have those payments back?. There were four tasks author had to do. First to have an analysis in law regulating payment for execution process. Second task was to find out if those regulation have any dearth`s. If results were positive, than how they affects parties rights in execution process in order to keep their assets and not to be forced to pay for those proceedings again and again and not to start court proceedings. Third there was a need to define how important is to have better regulations about payments made for execution process. Fourth task was to give suggestions about how to improve regulations about payments made for execution process in order to have parties assets protected and annul all chances to start court proceedings for the same question. In order to get better results for his researches author has tried to separate each party. In that way it was possible to learn from each parties perspective exactly how civil execution costs and the order of reimbursing them, affects their material and procedural rights. In doing that first party was the bailiff. For him our regulations in most of the cases establishes broadly acknowledged principle that all expenses he suffers must be compensated by recoverer... [to full text]

The execution process is very important for protection of human rights. If court decisions were not executed the very court decisions would loose their importance. Rights of a creditor and a debtor are written in the Code of Civil Procedure (CPC) and in other legal acts, but these rights should be properly explained to the parties of the execution process. Only the prescription to present the writ of execution is determined in Lithuanian laws, but any prescription for the whole case of execution is not determined usually. It would be reasonable to determine such a period of time at least for enforcement of administrative sanctions. A proposal to fulfil a decision is an important mean to offer to a debtor to pay the debt by himself. But according to CPC the proposal is sent not in every case. For example, it is not sent in cases of enforcement of administrative sanctions. According to the new Instruction on Execution of Judgements, there is an alternative document to the proposal. To have in mind that both these documents have the same functions and almost the same content, there is a doubt if it is reasonable to regulate the same thing in different laws. The Supreme Administrative Court of Lithuania has decided that the Instruction on Execution of Judgements adopted in 2002 years violates other legal acts adopted by the Government. So there is a problem which Instruction should be implemented for the executive cases which were started before adopting the new Instruction... [to full text]

Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff - Abstract The thesis deals with the legal position of insolvency administrator in insolvency proceedings and its comparison with the position of bailiff. The thesis is broken into an introduction, six chapters and a conclusion. The aim of this thesis is to summarise the rights of the insolvency administrator as a subject of the insolvency proceeding and compare them with the rights of the bailiff. The first chapter deals with the definition of insolvency administrator, the conditions to perform the office and to obtain the relevant licence to perform the office, as well as the manner of entry of insolvency administrators into the registry. The second chapter takes on the manner of appointment of the insolvency administrator in a specific insolvency proceeding, the conditions for removal or recall from the office, the conditions of exclusion for bias and situations when the insolvency administrator may be replaced. Furthermore, the chapter states the duties of the insolvency administrator. Special attention is paid to the reward and reimbursement of costs in the various alternatives of insolvency solutions with regard to recent case law. The chapter also details the liability of the...

Execution process is a significant part of civil process that helps to assure the legal peace between the parties of civil conflict as well as the stability of legal relations in the society. In this master thesis the rights and duties of a bailiff are analysed at the same time as comparing the legal regulation of this sphere in Lithuania and other countries. Possibilities to improve the regulation affecting procedural activities of a bailiff in Lithuania are considered on the basis of analysis. This work is started by analysing the relation between the process of execution and the civil one. It is done by reviewing the analysis of stages and principles of the civil process made by scientists as well as investigating whether the legal regulation of the execution process are found in the Codes of Civil Procedure or in the separate legal acts. The conclusion is done that the execution process is part of a civil one. The trends of harmonisation of the execution process in the world and separately in the European Union are also considered. The analysis of the rights and duties of a bailiff, his activities in the separate stages of the execution process takes the main part of this work. The procedural rights and duties of a bailiff while enforcing the monetary and non- monetary claims are discussed separately. The analysis of activities of a bailiff while enforcing monetary claims begins with the review of the stage of initiating a case of compulsory execution. This is done... [to full text]

Since 2001, the legislation on enforcement has been fundamentally changed, on 1st 2001, Act No. 120/2001 Coll., Executors and Enforcement Activities (Enforcement Code) entered into force. The creditor has thus been given the opportunity to decide how recover his claim. Until then, his only possibility for recovering claims was through the court, but since this date he could acquire his rights through the services of a distrainer. In 2012, this duality was abolished and is executed in most cases by private distrainer. He carries out his activity for reward, which results in his status as an entrepreneur. And his reward has been a thorny issue since 2001, when the profession came into our systhem. The issue of this topic is also evidenced by the parliamentary bill, which tries to regulate to reduce the distrainer`s tariff. The thesis compares the current situation in the Czech Republic with selected states. For purposes of this thesis, I chose Germany, because there is recovery of debts through a state employee, France because this system is one of the oldest and served as a model for many states and Slovakia, for reasons of common history and amendment that came into force in April this year. The aim of the thesis is to map the situation in selected states, to find possible deviations and sources of inspiration for the system of executive services in the territory of the Czech Republic.

The area of individual reclamation of receivables in the form of court-ordered distraints has undergone significant changes since the year 2000. The initial practice, when the claims used to be enforced directly by judicial officers, proved to be largely ineffective and with difficult to apply. The Ministry of Justice has responded by adopting an amendment to the Act (Act no. 120/2001 Coll., on bailiffs and executor activities), which introduced the independent bailiff offices. Then, the law itself understood the bailiff authorities as a separate entrepreneurs. Currently, in the Czech Republic, there can be seen the distribution of the market with distraints according to the Pareto rule. Approximately 20% of bailiff offices manage over 80% of distraints. It is obvious that this is an unsatisfactory condition for the majority of bailiff offices. In response to this fact, the Czech Chamber of Bailiff offices calls for the introduction of territoriality, which would eliminate by law the market environment from the market with distraints and every single bailiff office would have a stable allocation of distraint proceedings. The analysis carried out clearly shows that there are significant differences between bailiff offices in terms of speed and in success of the debt recovery. The actual demand for the introduction of territoriality would not merely be a reallocation of the market with distraints. Putting it into a practice would greatly influence the transactional costs of business and non-business entities in the Czech economy. The thesis comprehensively describes the issue of territoriality and quantifies how much the debt collection will decrease in case of its introduction. In the conclusion, an alternative draft is formulated, which might, according to the author, allow effective regulation and supervision of the activities of bailiffs' offices without compromising the inherent efficiency of the reclamation of receivables in terms of market environment.

Carte du bailliage en fichier complémentaire. / Le bailli d’Amiens, sous Philippe VI (1328-1350), intervenait fréquemment dans les principautés du Nord de la France que sont les comtés d’Artois, de Ponthieu et de Flandre. L’étendue de son ressort, ainsi que son emplacement stratégique, en firent une sentinelle du gouvernement central et un ardent défenseur des droits du roi. Agissant parfois avec trop de zèle, entrant ce faisant en conflit avec les juridictions urbaines, d’Église et seigneuriales, cet officier royal constituait un lien important entre les justiciables de sa circonscription et l’autorité royale des actes et lettres de laquelle il devait veiller à la transmission et l’exécution. De son côté, la cour du roi sembla approuver le travail du bailli, n’intervenant que rarement en réaction aux excès commis par ce dernier et confirmant l’essentiel des sentences du bailli jugées en appel. / The bailiff of Amiens, under Philip VI (1328-1350), frequently intervened in the principalities of northern France that are the counties of Artois, Ponthieu and Flanders. The extent of its jurisdiction, and its strategic location made him a sentinel of the central government and a staunch advocate of the king’s rights. Sometimes acting too zealously, thereby entering into conflict with urban jurisdictions, and stately church, this royal officer was an important link between citizens of his district and the royal authority of the acts and letters which he had to ensure transmission and execution. For its part, the king's court seemed to endorse the work of the bailiff, intervening only rarely in response to the excesses committed by the latter and confirming the main awards of the Bailiff considered on appeal.

How did the Swedish towns compare to the surrounding world during the late Middle Ages concerning town organization and political culture? Previous research has claimed a strong German influence on the Swedish town life, but in this dissertation the Europeanization is being put forward as the explanatory factor for the extensive international similarities that can be identified during the Middle Ages. The towns were part of an international town culture that was highly integrated. Differences between towns are foremost analysed as a result of different local conditions such as population size, social structure and relationship to the town lord. Since preserved sources from all towns of medieval Sweden (including Finland) have been examined in a joint study and been placed in a wider context, the dissertation presents renewed and deepened knowledge about the Swedish towns. The study includes Danish, English and German towns and thus compares regions with each other that rarely have been compared before, and thereby presents new perspectives on each respective area. The aspects of the organization that are being systematically compared are the creation of councils, the number of aldermen and mayors, the rotation of offices and functions of the town lords, bailiffs, councils, mayors and chamberlains. Regarding political culture, it is investigated how the councils expressed their group cohesiveness and power in the town and how they defined the border between themselves and the town population. Furthermore, the expectations the town populations placed on the officials and their perception of their own part in the rule of the town is being examined. Finally, the political interaction between council and town population in different towns is compared and analysed.

Le bailli d’Amiens, sous Philippe VI (1328-1350), intervenait fréquemment dans les principautés du Nord de la France que sont les comtés d’Artois, de Ponthieu et de Flandre. L’étendue de son ressort, ainsi que son emplacement stratégique, en firent une sentinelle du gouvernement central et un ardent défenseur des droits du roi. Agissant parfois avec trop de zèle, entrant ce faisant en conflit avec les juridictions urbaines, d’Église et seigneuriales, cet officier royal constituait un lien important entre les justiciables de sa circonscription et l’autorité royale des actes et lettres de laquelle il devait veiller à la transmission et l’exécution. De son côté, la cour du roi sembla approuver le travail du bailli, n’intervenant que rarement en réaction aux excès commis par ce dernier et confirmant l’essentiel des sentences du bailli jugées en appel. / The bailiff of Amiens, under Philip VI (1328-1350), frequently intervened in the principalities of northern France that are the counties of Artois, Ponthieu and Flanders. The extent of its jurisdiction, and its strategic location made him a sentinel of the central government and a staunch advocate of the king’s rights. Sometimes acting too zealously, thereby entering into conflict with urban jurisdictions, and stately church, this royal officer was an important link between citizens of his district and the royal authority of the acts and letters which he had to ensure transmission and execution. For its part, the king's court seemed to endorse the work of the bailiff, intervening only rarely in response to the excesses committed by the latter and confirming the main awards of the Bailiff considered on appeal. / Carte du bailliage en fichier complémentaire.

This thesis deals with the institute of private distrainor in terms of its position in the Czech legal order. It outlines the history of enforcement process and discusses the powers of the private distrainors in accordance with the relevant laws. The theoretical part describes the functioning of various mechanisms in the enforcement proceedings, with an emphasis on the most common types of acts. In the analytical part it focuses on the changes made in 2015 and further analyzes prepared or discussed changes in enforcement proceedings. Specific problems closely connected with the institute of private bailiff are described and at the same time there are suggested possible solutions to these problems.