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Postavení oprávněného ve výkonu rozhodnutí / The position of entitled person at the enforcement of judgementPušová, Kristýna January 2014 (has links)
The purpose of my thesis is to analyze a position of an entitled person in the process of enforcement obligation, which was adjudged by a judicial decision and wasn't fulfilled by an obliged person voluntarily. The paper is focused on the enforcement of private, pecuniary obligations. Execution procedure and all described institutes are observed from the entitled person's point of view, particularly with regard to her fundamental effort to satisfy her claim. The thesis also deals with the entitled person's options to face the obliged person's means of defense, especially deferral and discontinuance of the execution. The aim is to evaluate the current legislation's adjustment of the position of the entitled person and to try to suggest possibilities of change which could provide more effective execution for the entitled person while preserving the obliged person's rights. The thesis is divided into four chapters. The first one presents the position of the topic in the system of law and introduces the subject and the characteristic of the main terms: the execution and the entitled person. The next chapter is focused on the relation between the entitled person and persons different from the obliged person who are concerned in the execution, and highlights the most important moments of this link. There...
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Zaměstnávání osob se zdravotním postižením / Employment of persons with disabilitiesKrálová, Eliška January 2019 (has links)
Title of thesis: Employment of persons with disabilities Abstrakt v anglickém jazyce Persons with disabilities are a vulnerable group of citizens, and not only in terms of employment. Finding their spot in the labor market is made difficult by their handicap and often by low or incomplete education. That is why legislation is in place to help them compensate for their initial disadvantage by raising them to the same level as the rest of job seekers. The goals of this thesis are to analyze and evaluate the current regulation of the employment of people with disabilities, and to research the practical side of this issue in the current labor market. The thesis tries to find out the forms of assistance offered to persons with disabilities and the actual employment options open to these persons. The thesis consists of four chapters. The first chapter defines the basic terms. Particular attention is paid to the definition of a person with disabilities, both in the context of international and European law and within the Czech legal system. The second chapter deals in detail with the principle of equal treatment and non- discrimination in the context of labor law in general, as well as specifically related to persons with disabilities. The centerpiece of the chapter is the Anti-Discrimination Act. The third...
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Vymáhání pohledávek v právní teorii a praxi / Debt collection in legal theory and practiceNejedlá, Jana January 2015 (has links)
This diploma work focuses on the issue of debt collection via deductions from pension payments. The theoretical part analyses the legal conditions for this type of debt collection and defines the terms related to it. The first chapters generally focus on financial literacy among the population. The subsequent chapters map the act of deducting amounts from pension payments, the method of calculating the deduction amounts and the process of making deductions when receivables overlap and when the payer of income changes. The other sections of the work focus on insolvency and the recipient payer's responsibility in the event of deductions. The practical part compares and analyses data about the development of numbers of pensions affected by ordered asset seizure and details regarding the amount of income earned during working life and during retirement. Based on the author's own observation, the final part of the document contains suggestions of possible solutions that would reduce the number of pensions affected by asset seizure.
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Exekuce v právní úpravě a praxi ČR / Legislation and implementation of distraint procedures in Czech RepublicHolzknechtová, Denisa January 2016 (has links)
The Masters thesis is titled Legislation and implementation of distraint procedures in Czech Republic. The theoretical part explains the concepts that relate to issues including specifics of a bailiffs office and the Czech Republics Chamber of Bailiffs. The process of distraint from the beginning until the seizure and termination is then fully depicted. Description of methods by which such distraints may be carried out, including the costs and fees of the bailiff are also covered. In the practical part are evaluated statistically the number ordered and completed foreclosures in the 2010-2015 period, including influences on her work immediately. The practical part of thesis contains statistically evaluated numbers of ordered and completed constraints during the years from 2010 to 2015, inlcuding influences that they may correlate with. Subsequently, an analysis of two homogeneous regions was carried in the sense that unemployment rate, criminal activity and social benefit payments are often at the beginning of the indebtedness and the consequent execution order. The practical part ends with an evaluated existing legislation, including its amendments and practical examples that are currently becoming a tradition.
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Vymáhání pohledávek v právní teorii a praxi / Debt collection in legal theory and practiceNejedlá, Jana January 2016 (has links)
This diploma work focuses on the issue of debt collection via deductions from pension payments. The theoretical part analyses the legal conditions for this type of debt collection and defines the terms related to it. The first chapters focus in general on financial literacy and the development of the system of deductions from wages. In the following chapters, based on analysis of legislation and description, the legal basis of deductions from wages is mapped, along with the calculation of the amount of deductions seized based on distraint orders and changes to the payer of income during the enforcement of a decision. The other sections of the work focus on insolvency and the recipient payers retirement in the event of deductions. The practical part presents a comparison of analysed data about the development of the number of pensions, the average amount of pensions and pensions affected by deductions seized based on distraint orders, and details are compared about the amount of income achieved during economic life and in retirement. Then the particular issues in the Czech Republic and Slovakia are compared through examination of their basic characteristics. Based on the authors own observation, the final part of the document contains suggestions of possible solutions that would reduce the number of pensions affected by asset seizure.
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Ochrana nepominutelného dědice a jeho vydědění / Protection of a forced heir and his disinheritanceKoritarová, Jitka January 2015 (has links)
- Protection of forced heir and disinheritance The purpose of this thesis is to describe the current legislation concerning protection of forced heir and disinheritance and to highlight the recent and most important changes. The protection of forced heir shows intergenerational solidarity in law of succession opposed to another basic principle of law of succession - decedents autonomy of will. The institute of forced heir grants right to inherit a forced share to descendent's children in case the descendent forgets to include them in his disposition mortis causa. Disinheritance is the only legal option to break the protection of forced heir. The descendent might, only in compliance with the conditions set by the civil code, deprive the forced heir of his right to inherit the forced share completely or partially. The thesis is composed of five chapters. Chapter One introduces the basic terms, such as protection of forced heir, disinheritance and the institute of incapacity to inherit as one of the reasons for disinheritance. Chapter Two is subdivided into five parts and provides the historical background and development of the institutes of forced heir and disinheritance. Each part concentrates on different period, starting at legislation in ancient Rome and Common Civil Code through Czech Civil Code...
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Daňové dopady zaměstnávání zdravotně postižených osob / Tax impacts on employment of handicapped peopleZatloukalová, Radka January 2015 (has links)
The aim of this thesis is to compare various options, how can companies meet the mandatory proportion of employment of handicapped people and also analyze tax impacts on companies considering the particular option they have chosen. The thesis is divided into five chapters, first of them is about free labor market and describes various options, how can companies meet the mandatory proportion of employment of handicapped people. Then the second chapter contains information about employers of handicapped people in protected labor market. The next chapter refers to so called protected working place, which is directly related to the possibility to receive purposeful contribution from the state. The last chapter of the theoretic part of the thesis is about tax relief for companies that employ handicapped people. Subject of the practical part of the thesis is to analyze accounting and tax data of real company and try to modify them based on hypothetical situation what will be changed in case of employment of handicapped person in this company. There are mainly tax impacts on the company analyzed.
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Vydědění a ochrana nepominutelného dědice / Disinheritance and Forced Heir ProtectionBlahová, Eliška January 2020 (has links)
Disinheritance and Forced Heir Protection - abstract Disinheritance is a significant instrument in inheritance law, protecting the testator's autonomy to dispose of their own property. It allows the testator to deprive their descendants of the right to a forced share in the estate, breaking the centuries-old tradition of intergeneration solidarity. The antithesis to disinheritance is the protection of a testator's descendant, i.e. the forced heir, who, under common circumstances, has the right to be provided for by the testator in their mortis causa actions. However, the legislation concerning these matters is often unclear, inconsistent, and imprecise. The aim of this thesis is to point out these problems and explain them to the reader, offer a comprehensive view on the historical development of both disinheritance and forced heir protection, and describe the current substantive and procedural provisions. The first chapter which defines the basic terminology is followed by a chapter on the historical development of disinheritance and forced heir protection in ancient Rome, the Middle Ages but especially in the Austrian Civil Code (ABGB) and the Czechoslovak Civil Codes of 1950 and 1964. The succeeding chapters are focused on the general rules of disinheritance and forced heir protection, primarily the...
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Ochrana nepominutelného dědice a jeho vydědění / Protection of a forced heir and his disinheritancePospíšilová, Gabriela January 2021 (has links)
1 Protection of a forced heir and his disinheritance - Abstract The protection of a forced heir is the protection of a descendant who is entitled to have the testator leave him at least a forced share of his estate. It is a traditional institute of inheritance law, which is a manifestation of the principle of familiarization and intergenerational solidarity by ensuring that the testator cannot completely neglect his descendant from his acquisition without a legal reason. The corrective, ensuring the autonomy of the testator's expression of will, is the existence of an institute of disinheritance, which the testator can use if his descendant is not worthy of the inheritance for a reason defined by law. The two institutes coexist and should be interpreted in conjunction with each other. The thesis aimed to describe the institutes, especially according to the substantive law, with the addition of the necessary context of procedural law. The aim of the thesis was also to draw attention to problematic aspects and to analyze controversial issues and vague legal concepts. The first chapter is focused on defining the basic concepts of inheritance law, which are defined from general to specific. To understand the current legislation, much attention is paid to historical developments. The second chapter, therefore,...
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Právní postavení nepominutelného dědice / Legal Position of the forced HeirStiborová, Barbora January 2015 (has links)
The subject of my theses is a special category of heirs so-called forced heirs. This theme describes their substantive position and guaranteed increased protection determined by law which is especially defined by right to share on inheritance to an extent determined by law. Will of testator is hereby limited by right of forced heir in forced share. Irrespective of most European regulations only offspring of testator are counted to the circle of forced heirs in the Czech Republic whereby the difference is between minors who are entitled to at least three quarters of share and majors who are entitled to minimum of one quarter determined by legal inheritance share. This thesis is systematically divided into seven chapters. After general historical background and general terms of inheritance law explained in the second chapter, next chapter is continued by the definition of several institutes which are mutually interlinked and also closely related to the person of forced heir. Fourth chapter is dedicated to right of forced share in which I am focusing on its calculation, offsetting and final payment. I completely describe, by means of legal jurisdiction, disinheritance and incapacity to inherit in the two following chapters. Last chapter includes two institutes which, under influence of NCC (New civil...
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