The subject of my Master's degree thesis is the issue of proceedings relating to decedent's estate. The main aim of this thesis is to describe the course of this proceedings with respect to current legislation. In general, the inheritace rights arise at the very moment of decedent's death. Nevertheless, the decedent's estate proceedings must still take place. A notary (as a court commissioner) is therefore tasked to locate potential inheritors, assets and debts of the decedent's estate. The goal of the proceedings is to devide relevant assets and debts among located heirs. My thesis is devided into four individual parts. First of them consists of two chapters, which are dedicated to history and sources of law. The second part deals with general aspects of decedent's estate proceedings. It consists of four chapters about characteristics and function of decedent's estate proceedings, jurisdiction, notaries as court commissioners and parties of the proceedings. The third part concern the course of decedent's estate proceedings. As for this significant part, it is devided into twelve chapters, which deal with proceedings' initiation, preliminary investigation, estate collateral, administration of the estate, detecting heirs, inquiry about assets and debts, joint property of spouses, hearing in...

Discharge - as one of modes of resolving insolvency Abstract Discharge from debts is one of modes of resolving insolvency according to Czech Insolvency Act (Act N.182 / 2006 Coll.). Discharge is ranked among so-called rehabilitation modes of resolving insolvency, whose purpose is not only the highest possible satisfaction of creditors, but also the protection of a debtor against unfavorable consequences of the insolvency proceedings. Discharge can be used to resolve insolvency of non-entrepreneurs and small businessmen. The purpose of this thesis is to comprehensively characterize discharge from debts as one of rehabilitation modes of resolving insolvency, describe all phases of the discharge procedure and focus on some specific problems of this institute. The thesis is composed of six chapters. Chapter One focuses on general characteristics of the rehabilitation modes of resolving insolvency. At the very beginning there is a definition of bankruptcy and a basic description of rehabilitation modes, followed by brief historical overview of Czech insolvency law. Last part of this chapter deals with rehabilitation modes in Insolvency Act and brief description of reorganization and discharge with emphasis on its personal applicability. Chapter Two concerns with a commencement of insolvency proceedings. It...

The purpose of this thesis is to provide a complex description of the conduct of the arbitration proceedings in the Czech Republic. Specifically with the focus on typical features that differ arbitration from proceedings before courts, and on special types of proceedings. Arbitration can be characterized as one of the ways to settle a dispute, that arises between two or more parties. Common way of resolving a dispute is by reffering it to a state court, who will issue a judgment that is binding upon the parties and can be enforced. In certain areas of private relationships, the state offers the parties the opportunity to submit their dispute to a private body, whose decision they agree to respect as if it was a decision of a general court. These types of dispute resolution can be characterized as alternatives to the classical way of resolution by the courts (alternative dispute resolution or ADR). Arbitration proceedings in the Czech republic are conducted in accordance with the Act No. 216/1994 Coll., on Arbitration Procedure and the Enforcement of Arbitration Awards, as amended (Arbitration Act). Since its adoption, there have been some amendments of this Arbitration Act, in order to reflect modern trends in the conduct of the proceedings as well as to correct its weaknesses, established by judgments of...

Submitted master thesis discusses patent law legislation in the Czech Republic. The purpose of this thesis is to examine current legislation in particular with the focus on gaining the patent protection as well as following proceedings and to point out possible uncertainties and particularities of such proceedings given by special nature of patent proceedings in relation to administrative proceedings in general. Considering the mutual bond between the substantive and procedure patent law, this thesis also deals with selected substantive issues. Except for the introduction and the conclusion the work is divided into six chapters. These chapters are notionally split in two main parts. First part consists of first three chapters and is considered to be the introduction to the issue of patent law; second part, consisting of last remaining chapters, represents the core of the thesis on its own. First chapter deals with defining the main terms in the field of patent law and intellectual property law as such. Firstly, it deals with the term intellectual property following by industrial property which are commonly defined by enumeration of subjects belonging to one or the other. Moreover, this chapter concentrates on explaining what patent law, patent and invention legally mean. Second chapter is dedicated...

Decedent's estate proceedings The diploma thesis describes different stages of decedent's estate proceedings and it is also focusing on the biggest changes in legal regulation, which have been implemented by Act no. 292/2013 Coll., Code on Special Court Proceedings. This thesis is divided into five chapters. In the first chapter is defined, why decedent's estate proceedings is so important for society and by which legal principles is affected. In this chapter it is also mentioned from which legal sources decedent's estate proceedings draws. The second chapter provides a brief historical introduction into the issue of decedent's estate proceedings. The current rules come back to legal regulations applicable before legal reforms in the 50's of the 20th century. Therefore it is appropriate to know historical background of matters. The third chapter focuses on the most important innovations, which has been brought by Act no. 292/2013 Coll., Code on Special Court Proceedings. This chapter presents quite short but significant part of the diploma thesis. The fourth chapter describes conduct of decedent's estate proceedings and it forms the main part of this thesis. In this chapter there are firstly described general facts valid for decedent's estate proceedings and subsequently the chapter illustrates...

LL.M. / Please refer to full text to view abstract

Magister Legum - LLM / By any standard, victim participation is a relatively new phenomenon in international criminal law proceedings. Incredible advances have been made in the effort to end impunity for crimes against umanity, war crimes, genocide and, more recently, aggression. As a result, great strides have been made in ensuring the direct participation of victims of grave violations of human rights in court proceedings against their perpetrators. Prior to this, grave violations of human rights committed during conflicts or periods of mass violence were either largely ignored or even if action was taken, victims of the crimes hardly had a ‘say’ in the proceedings. With the advent of the International Criminal Court (ICC) and the Extraordinary Chambers in the Courts of Cambodia (ECCC) new dawn in the proceedings of international criminal law has emerged. The statutes that govern the ICC and ECCC have given a voice to victims in court proceeding buy ensuring victims participation.Despite these advances, scholars have criticized victim participation for being inconsistent in its application at the International Criminal Court.1 The criticism has come from scholars who have highlighted the unintended consequences of victim participation in court proceedings, arguing that their participation has resulted in the under- or misrepresentation of the actual experience of survivors of war, mass violence, or repression. These problems have arisen largely because the need to establish the guilt or innocence of the accused and to protect their due process rights, to abide by the rules of evidence and procedure, and to conserve judicial resources all cut against victim-witnesses'ability to tell their stories at these tribunals thereby resulting in a limited, and sometimes inaccurate, record of victims' experience. / South Africa

The Master's Thesis is focused on reorganization as bankruptcy solution according to Act No. 182/2006 Coll., Bankruptcy and Settlement (Insolvency Act), as amended. With a usage of comparison method, it analyses two specific insolvency proceedings which were solved in past and on the basis of their mutual comparison identify important factors that were crucial to determine different results of the proceedings. The main goal of the thesis is to uncover the factors affecting the insolvency proceeding positively or negatively. In first theoretical part there is the analysis of Insolvency Act. The results and knowledge gained in the first part are applied to a comparison in the second one where various data from financial reports and index IN05 are used. These values together with IN05 model are applied as a reflection of important moments which had underlying influence on reorganization process result. In the end of the thesis there is the summary of all gained facts and also different important negative and positive factors are revealed. The thesis shows that it is very difficult to anticipate the result of reorganization for external subject.

1 Resumé This thesis deals with the topic of "Parties to contentious proceedings". The parties involved in the dispute represent the cornerstone of any civil proceedings. Without the parties, there would be no civil procedure at all. The parties, the courts and other subjects make up the basic elements of the civil proceedings. Which is also the reason why the definition of the parties have the significant impact on the entire civil procedure. The civil procedure can be defined as a body of law that sets out the procedure rules for courts, disputing parties and other subjects, while defence to breached or threatened subjective rights and lawful interests is provided. The thesis offers a scope into the historical consequences of the concept of parties to present form along with the development of civil procedure with its changes. Besides that there is description of subjects who are involved in the civil procedure. For better differentiating a proceedings of proceedings there are listed other types of civil proceedings. Especially the contentious and non-contentious proceedings. The introductory chapters for the parties address the issue of who can become a party to the proceedings and what the conditions are. The conditions include, in particular, the capacity to possess rights and duties and the capacity...

The topic of this thesis is to compare the effects of bankruptcy and reorganization. In 2008, the new Insolvency Act come in force, which should facilitate the reorganization of companies i.e., maintaining their operation with the same or similar production program, or range of offered services. The intention of this work is to evaluate the effect of the practice of law in a few specific cases. The aim of analysis of these examples was to determine whether borrowers use this new option of the solution of bankruptcy or why reorganizations do not take place more.