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Správní řízení na úseku katastru nemovitostí / Administrative Proceedings in the Field of Real Estate CadastreOtáhalová, Eva January 2016 (has links)
Due to great importance of real estate for each single economics the leadership and administration of the Real Estate Cadastre (Cadastre) was entrusted to the state, i. e. to particular government bodies, in the Czech Republic. This public list is so subject to public inspection all the time. Registered and provided details must be of highest quality, proceedings should be as quick as possible and this list should also provide the highest protection of those details. That is why the author decided to pay attention to the role of state in the evidence and dispose of real estate. This thesis focuses so on conclusion and further specification of the most important administrative proceedings in the field of Cadastre. The author wants to clarify their process and focuses mainly on their deviations from Administrative Procedure Code as well as on the changes that the Act Nr. 256/2013 Coll., on the Cadastre of Real Estate (Cadastral Act) has brought till 1. 1. 2014. That is why the author captures more types of proceedings in his thesis which can be encountered on the section of Cadastre to show that there really exist more types of proceedings and otherwise that not all of them can be identified as an administrative proceeding. That is why the thesis includes the comparison of those types of proceedings...
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Incidenční spory v řízení o výkon rozhodnutí (exekuci) / Incidental disputes in proceedings for the enforcement of decisionNešporová, Barbora January 2015 (has links)
The theme of this diploma thesis is the Incidental disputes arising from the proceedings for the enforcement of judgments (execution). This topic is very actual because of the increasing number of execution proceedings. The aim of this thesis was to present the category of incidental disputes in general and further present the incidental disputes that may arise in execution proceedings complexly, outline their position in legal code, and describe their purpose, nature and features that are typical for them. Apart the introduction and conclusion the thesis contains eight chapters in total. The first chapter deals with the category of incidental disputes in general and their classification, wherefore is further divided into three subchapters, where is generally dealt with the concept of incidental dispute, further subchapter is focus on the proceedings for the enforcement of judgments and execution proceedings including the brief outline of their historical progress. The end of the first chapter is related to the general and specific principles, on which the execution proceedings is built. The second chapter is dedicated to the incidental disputes in execution proceedings, or rather executional disputes and their classification from various points of view, especially the classification into disputes...
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Notářský zápis se svolením k vykonatelnosti / Notarial deed with declaration of enforceabilityHönig, Ondřej January 2017 (has links)
This thesis titled "Notarial deed with declaration of enforceability" deals with the specific type of notarial deed, which is also enforceable title for enforcement procedure. It is a special type of notarial deed, whose tradition dates back to the 19th century. The aim of this work is to describe notarial deed with declaration of enforceability from the perspective of civil proceedings because it is the legal instrument, which for its flexibility, can in practice, replace Court Judgments. This thesis is divided into five chapters. The first chapter contains a brief historical development of notarial deeds with declaration of enforceability since its adoption into legal system in 1871 to the present. The second chapter deals with notarial deeds as authentic instruments, as well as notarial deeds on legal acts and then by each type of notarial deed with declaration of enforceability, including notarial deed as European Enforcement Order and relationship between the notarial deed with declaration of enforceability and civil adversarial proceedings. The third chapter focuses on notarial deed with declaration of enforceability as title for enforcement procedure and subsequently reviews of a notarial deed within enforcement procedure. The fourth chapter of thesis deals with notaries' responsibility for...
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Reorganizace / ReorganizationLinert, Jiří January 2014 (has links)
Thesis deals with reorganization. The goal is to identify its weaknesess as a form of bankrupcy solution, factors impending wider usage and suggest improvements. The first chapter is devoted to the legislation of reorganization effective from the 1st January of 2014 with reference to the changes brought by it. The second chapter aims to map existing practice. Thus, what is the position of reorganization as a form of bankrupcy solution. The initial impact of the amendment to the Insolvency Act will be evaluated on a basis of available statistics. The most important findings are summarized in the conclusion.
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Insolvenční řízení na praktickém příkladě. / Insolvency proceeding in practical exampleBernardová, Vendula January 2014 (has links)
The thesis deals with insolvency proceeding and the aim of this thesis is to point out some facts thanks to practical examples and to become these facts were already less. The thesis is divided into six chapters, where it is analyzed the history of bankruptcy law, what is the decline and then insolvency proceeding. The final chapters are devoted to practical examples and situation in Czech Republic from efficiency the insolvency Act.
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Srovnání věřitelské a dlužnické reorganizace / Comparison of creditor and debtor reorganizationČermáková, Radka January 2014 (has links)
This diploma thesis deals with resolving bankruptcy by reorganization with emphasis on partition on creditor and debtor reorganization. In theoretical part, there are explained basic concepts and ways of bankruptcy resolving according to the Insolvency Act effective from 2008. In practical part of this thesis, there are performed four examples of creditor and debtor reorganizations. As examples of debtor reorganization were chosen cases of Technistone, a.s. and Starorolský porcelán Moritz Zdekauer, a.s.. As examples of creditor reorganization are performed cases of MSV Metal Studénka, a.s. and Oděvní podnik, a.s.. All these cases are clearly described and timelines of each case are performed. In the end of this thesis there is made comparison of these cases.
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Uplatňování pohledávek v insolvenčním řízení / Application of creditor´s claim in insolvency proceedingVyškovská, Vendula January 2016 (has links)
This diploma thesis deals with topic called Application of creditor´s claim in to the insolvency proceeding. Attention is paid on handling with this debt in the time between registration and review procedure, on which is this debt validated or rejected. This thesis is also focused on characteristics of each type of debt and their registration. The main focus of this thesis is on analysis of the topic - defects of registrations and its consequences on the creditors claim in insolvency proceeding. Part of this thesis is also detailed analysis of each disclaiming act and each person which can do this act. After that are studied consequences of these disclaiming acts. There is also compared current legislation with the old one and used jurisprudence for law interpretation.
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Majetková podstata v insolvenčním řízení / Bankrupt's estate in the insolvency proceedingsFuksa, Jan January 2020 (has links)
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...
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Účast obhájce v přípravném řízení / Participation of barrister in preliminary proceedingFranc, Tomáš January 2020 (has links)
Participation of barrister in preliminary proceeding Abstract (ENG) The right of defense I one of the fundamental human rights and one of the most important rights connected with the right to judicial and other protection granted to each person by the Charter of fundamental rights and freedoms. The right of defense includes the right of everyone to defend himself, the right for proceeding of law enforcement authorities, which will ascertain the real situation without reasonable doubt and in particular the right to have and to consult with the barrister. Pursuant to section 35 subsections 1 of the code of criminal procedure, only an attorney, who can be represented by a trainee for individual acts of criminal proceedings, may be the barrister in criminal proceedings. The code of criminal procedure presupposes that the person, which is prosecuted, chooses his or her barrister. In the event that the barrister is not chosen by the accused, although he must have him according to the law, the barrister will be appointed for the duration of the reasons for the necessary defense. Cases of necessary defense are laid down in section 36 of the code of criminal procedure. They are for example proceedings against and accused in custody or proceedings against a fugitive. Barrister's basic rights and obligations are laid...
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Poškozený v trestním řízení a jeho ochrana / Protections of the injured party in criminal proceedingsStuchlík, Jakub January 2019 (has links)
The subject of this diploma thesis is the protection of an injured party in criminal proceedings. Throughout the thesis author analyzes the relevant laws, specialized legal literature and case laws. When there is a debate amongst the professional public, author summarizes the key arguments and provides his own perspective. The paper provides a general definition of the term injured party, which includes a positive and negative definition and distinction between the terms injured party and a victim. The author more closely examines when the injured party is not allowed to exercise his rights. There are also described, from the view of current legislation and also de lege ferenda, the circumstances under which a person is not allowed to join the criminal proceeding as an injured party. Furthermore the author breaks down the rights of an injured party with the emphasis being put on the right of the injured party to consent to prosecution and the right to demand for his/her claims to be satisfied in accordance with the 59/2017 Sb., on the use of funds acquired from property penal sanctions imposed in criminal proceedings, which has been in effect for over a year now in March 2019. The paper also examines collateral proceeding, especially the conditions under which the injured party can assert his claim...
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