Development of Actio Pauliana in Czech civil law in comparison to German and Austrian regulation This thesis deals with a historical development of the juridical institute of a contest and comparison of the legal regulation of relative ineffectiveness in Czech, German and Austrian legal system. This legal tool, which serves to protect the creditor against any legal act of the debtor, which prejudices the satisfaction of an enforceable claim of a creditor, has undergone essential changes during the time. The international comparative part of the thesis contains the biggest distinctions between the judicial conclusions of the courts in the respective countries and tries to evaluate whether some of the judicial conclusions of the courts of the above mentioned countries might also be applied by the courts in the Czech Republic. Part of the thesis also analyses the regulation of ineffective legal acts within the scope of the insolvency procedure of the debtor which is in some cases different from the regulation in the civil code and ineffectiveness of the legal acts, which are directly ineffective due to certain provisions in the civil code and insolvency act. Last part of the thesis compares the institute of objectionability according to the "old civil code" and the juridical institute of relative...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:348259 |
| Date | January 2016 |
| Creators | Kment, Václav |
| Contributors | Elischer, David, Dvořák, Jan |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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