O presente trabalho estuda a proposta de criação de um Fundo de Garantia das Execuções Trabalhistas no Brasil. Partindo de considerações acerca da efetividade processual e da crise da execução trabalhista, estudamos os Projetos de Lei regulamentadora do artigo 3º da Emenda Constitucional n. 45 de 2004. Para tanto, analisamos as instituições de garantia de créditos trabalhistas no Direito Internacional e no Direito Comunitário (União Europeia), sobretudo o Fondo de Garantía Salarial, instituição de garantia de créditos trabalhistas existente na Espanha que inspirou a disposição constitucional derivada. A seguir, foram analisados o Projeto de Lei n. 4.597-A, de 2004, o Projeto de Lei n. 6.541, de 2006, e o Projeto de Lei do Senado n. 246, de 2005. Finalmente, foram feitas considerações sobre a regulamentação do Fundo de Garantia das Execuções Trabalhistas no Brasil. / This dissertation studies the proposal to establish a Guarantee Fund for Labor Enforcement Proceedings in Brazil. Based on considerations about the effectiveness of proceedings and the labor enforcement proceedings crisis, we studied the bill drafts to regulate the Article 3 of the Constitutional Amendment 45/2004. To this end, we analyze the labor credit guarantee institutions in International Law and in Community Law (EU), especially the Fondo de Garantía Salarial, a labor credit guarantee institution existing in Spain that inspired the Constitutional Amendment. Next, we analyzed the Bill Draft 4.597-A/2004, the Bill Draft 6.541/2006, and the Senate Bill Draft 246/2005. Finally, we present our considerations on the regulation of the Guarantee Fund for Labor Enforcement Proceedings.

O presente trabalho estuda a proposta de criação de um Fundo de Garantia das Execuções Trabalhistas no Brasil. Partindo de considerações acerca da efetividade processual e da crise da execução trabalhista, estudamos os Projetos de Lei regulamentadora do artigo 3º da Emenda Constitucional n. 45 de 2004. Para tanto, analisamos as instituições de garantia de créditos trabalhistas no Direito Internacional e no Direito Comunitário (União Europeia), sobretudo o Fondo de Garantía Salarial, instituição de garantia de créditos trabalhistas existente na Espanha que inspirou a disposição constitucional derivada. A seguir, foram analisados o Projeto de Lei n. 4.597-A, de 2004, o Projeto de Lei n. 6.541, de 2006, e o Projeto de Lei do Senado n. 246, de 2005. Finalmente, foram feitas considerações sobre a regulamentação do Fundo de Garantia das Execuções Trabalhistas no Brasil. / This dissertation studies the proposal to establish a Guarantee Fund for Labor Enforcement Proceedings in Brazil. Based on considerations about the effectiveness of proceedings and the labor enforcement proceedings crisis, we studied the bill drafts to regulate the Article 3 of the Constitutional Amendment 45/2004. To this end, we analyze the labor credit guarantee institutions in International Law and in Community Law (EU), especially the Fondo de Garantía Salarial, a labor credit guarantee institution existing in Spain that inspired the Constitutional Amendment. Next, we analyzed the Bill Draft 4.597-A/2004, the Bill Draft 6.541/2006, and the Senate Bill Draft 246/2005. Finally, we present our considerations on the regulation of the Guarantee Fund for Labor Enforcement Proceedings.

The purpose of my thesis is to compare civil enforcement and tax enforcement. My thesis also investigates which proceedings is more effective. Civil enforcement is the legal proceedings regulated in Act No. 120/2001 Sb. On Executors and Execution Proceedings. Tax enforcement is regulated in different Act No. 280/2009 Sb. Tax Code. Both legal institutions are designated to enforce legal decision with order to pay the money. There are different subjects applies the law in these legal proceedings. The aim of the civil enforcement is enforce a debt for human beings or artificial person, but tax enforcement is used for enforce receivable of state to state budget or to different public budget. I describe this differences in my thesis. The thesis is composed of eight chapters, each of them contains analysis of important parts these legal adjustments. Chapter one is introductory and shows goal and purpose of the thesis. This chapter also explains terms which are used in the thesis. Chapter two focuses on history of civil enforcement and tax enforcement. Chapter three characterizes subjects in the proceedings and is subdivided into four parts. Chapter four is subdivided into four parts too. This chapter explicates the role of court in enforcement proceedings. Civil courts has different significance for civil...

The thesis contains a historical overview of the origin and development institute of protection of the rights of third parties in enforcement proceedings. In this section, the focus is on the period of the Roman Empire and then follows the development from the 19th century untiltoday. The fundamental part of the work focuses on the description of the current state of enforcement proceedings under the Act no. 120/2001 Coll. The Executors and Execution, his status in the legal order of the Czech Republic, the basic principles of management and everything in relation to the protection of the rights of third parties in enforcement proceedings. Distributes third party to various groups and describes their rights and obligations under the legislation. It focuses on the means of protection and defense. In conclusion provides an overview of the most important novels enforceable rights in relation.

Reimbursement of costs in trial proceedings and enforcement proceedings Abstract Thesis Reimbursement of costs in trial proceedings and enforcement proceedings describes and evaluates selected concepts concerning the reimbursement of costs in trial proceedings and enforcement proceedings. The primary goal is to describe essence of reimbursement of costs and to answer this common question: "Who shall pay it in the end?" Thesis is dived into three parts. The thesis starts with introduction where author sets goals of the thesis and methods of scientific work to compile and process assigned subject. Furthermore there is briefly defined distinction between reimbursement of costs and payment of costs. The part is concluded with description of the goals of costs in proceedings and types of systems of reimbursement of costs. The first part of the thesis is concerned with reimbursement of costs in trial proceedings. The first chapter starts with reimbursement of costs in trial and adversarial proceedings. This chapter is the most extensive. It consists of description of reimbursement of costs and types of costs. There is also dedicated part to decisions and remedies concerning the reimbursement of costs. The second chapter is concerned with reimbursement of costs in trial and non-adversarial proceedings. This...

Reimbursement of costs in trial proceedings and enforcement proceedings Abstract Thesis reimbursement of costs in trial proceedings and enforcement proceedings describes and evaluates selected concepts concerning the reimbursement of costs in trial proceedings and enforcement proceedings. The primary goal is to describe essence of reimbursement of costs and to answer this common question: "Who shall pay it in the end?". Thesis is dived into four parts. The thesis starts with introduction where author sets goals of the thesis and methods of scientific work to compile and process assigned subject. In the first part author briefly defines terms trial proceedings and enforcement proceedings in order to clarify subject of the thesis. Furthermore there is briefly defined distinction between reimbursement of costs and payment of costs. The second part of the thesis is concerned with reimbursement of costs in trial and adversarial proceedings. This part is the most extenstive and most evaluated. It consists of description of reimbursement of costs and types of costs. There is also dedicated part to decisions and remedies concerning the reimbursement of costs. Third part is concerned with reimbursement of costs in trial and non-adversarial proceedings. Third part is divided into three chapters according to the...

This diploma thesis Reimbursement of costs in trial proceedings and enforcement proceedings describes the main aspects related to reimbursement of costs in the two kinds of civil procedure. Reimbursement of costs is seen as a secondary topic, but can cause serious property issues to the parties. The purpose of this thesis is to provide a comprehensive look at the issue of reimbursement of costs in trial and enforcement proceedings. The thesis is composed of an introduction, two main sections which are dealing with reimbursement of costs in trial proceedings and reimbursement of costs in the enforcement proceedings and conclusion. In the introduction I'm dealing with the reasons why I've chosen this topic. The actual text of the thesis is divided into two main parts - reimbursement of costs in trial proceedings and reimbursement of costs in the enforcement proceedings. The first part deals with selected kinds of costs, with an emphasis on case law, and also deals with the issues connected with the abolition of regulation No. 484/2000 Coll. Within subchapters 1.2 and 1.3 I analyze reimbursement of costs in the contentious and non-contentious proceedings, individual principles governing the reimbursement of costs and institutes related to reimbursement, specifically pre- action appeal and the...

1 Summary This thesis investigates the main perspectives of the reimbursement of costs in trial proceedings and enforcement proceedings. During the process of the judicial decision- making is often the issue of reimbursement of costs in trial proceedings and enforcement proceedings considered as of lesser importance. Nevertheless, the extent of professional discussion and frequent amendments of relevant legal regulations testify the very opposite. For this reason, one of the basic aims of this study was to perform a solid analysis of relevant legal adjustments, to point out the real problems while applying them and also to bring the suggestions of possible changes of particular legal regulations. The parts of this thesis are as following - introduction, five chapters, and conclusion. In the introductory part, the author defines the issue and aims of the work which are further described in following chapters. It also contains a definition of basic and key terminology. The first chapter introduces an overview of types of particular costs in trial proceedings, which are essential for understanding the principles and their consequent reimbursements. Alongside with a summary of historical evolution, the author also included practical enforcement and last but not least - the most frequent difficulties of...

En droit de l’exécution des peines, deux procès essentiels peuvent se jouer pour le condamné : le procès disciplinaire et le procès d’application des peines. En dépit du clivage droit privé-droit public qui les caractérise, ces deux procès se sont inscrits ces dernières années dans une même logique juridictionnelle. Souvent envisagés de manière distincte, l’intérêt de notre étude sera de démontrer qu’au delà du polymorphisme du droit et des organes juridictionnels ou non juridictionnels auxquels ces procès se rattachent, ces derniers ont connu une évolution concomitante en termes de reconnaissance de garanties procédurales. Ainsi, aujourd’hui, on peut affirmer qu’un véritable droit commun de l’exécution des peines est né. Néanmoins, ce tronc commun présente encore de nombreuses insuffisances au regard des principes qui doivent caractériser un procès équitable (indépendance, impartialité, publicité...). Malgré cela, les juridictions françaises refusent toujours de reconnaître l’applicabilité de certains principes supra-législatifs au milieu carcéral en se fondant sur des critères qui leur sont propres et sur une qualification erronée du contentieux disciplinaire. Dès lors, cette étude se propose de mettre en exergue la véritable qualification "pénale" de ce contentieux et prône le principe d’unicité de l’action répressive. De ce fait, il s’agira de déterminer l’organe le mieux à même de protéger les droits des condamnés. Se posera alors la question de l’hypothèse d’un procèscommun par la prise en compte du lien existant entre les procès de l’exécution des peines au travers des retraits de réductions de peine / In the law of enforcement of the sentences, two essential proceedings are at stake for the sentenced person : the disciplinary proceeding and the enforcement proceeding. In recent years and despite the division between private law and public law that characterizes them, these proceedings have come within the framework of a unique jurisdictional logic. Although they are often envisaged as different, the interest of this study is to demonstrate that beyond the polymorphism of the law, on the one part,and the jurisdictional and non jurisdictional organs to which these proceedings are connected, on the other part, the last ones have known a concomitant evolution in terms of recognition of procedural safeguards. Thus, today, we can assert that a real general law of enforcement of the sentences was born. Nevertheless, this common-core syllabus still shows numerous inadequacies towards the principles which must characterize a fair trial (independence, impartiality, public hearing…). In spiteof this, French courts still refuse to admit the applicability of certain supra-legal principles in prison environment, basing themselves on proper criteria and on an erroneous legal definition of disciplinary proceedings. Therefore, this study intends to underline the real criminal definition of these proceedings and advocates the principle of unity of law enforcement. As a matter of fact, the question is to determine the organ best to protect the rights of the sentenced person. Then, will arise thequestion of the hypothesis of a common proceeding by taking into account the existing link between the enforcement of the sentence proceeding, through revocations of reductions of sentences

The purpose of the thesis Reimbursement of costs in trial proceedings and enforcement proceedings is to provide a comprehensive view of the legal regulation on the topic of reimbursement of costs in trial and enforcement proceedings and subsequently to critically evaluate this regulation and to try to find a way to more appropriate solutions. The thesis consists of an introduction, two parts dealing separately with the reimbursement of costs in trial proceedings and the reimbursement of costs in the enforcement proceedings and a conclusion. The introduction specifies the topic of the thesis and its purpose. The first part of the thesis, which covers the reimbursement of costs in the trial proceedings, is divided into seven chapters. The first chapter generally defines the concept of costs. The second chapter then describes the specific types of costs that may be incurred in trial proceedings. The third chapter discusses the aspect of efficiency of costs, which is a very important factor in the decision to pay the costs. The subject of the fourth chapter is the specification of the obligation to pay the costs. The fifth chapter describes in detail the reimbursement of costs of the contentious trial proceedings, both in terms of legislation and in terms of general principles that are relevant to the...