Academic literature on the topic 'IS Soudní exekutor'

Since 2001, the legislation on enforcement has been fundamentally changed, on 1st 2001, Act No. 120/2001 Coll., Executors and Enforcement Activities (Enforcement Code) entered into force. The creditor has thus been given the opportunity to decide how recover his claim. Until then, his only possibility for recovering claims was through the court, but since this date he could acquire his rights through the services of a distrainer. In 2012, this duality was abolished and is executed in most cases by private distrainer. He carries out his activity for reward, which results in his status as an entrepreneur. And his reward has been a thorny issue since 2001, when the profession came into our systhem. The issue of this topic is also evidenced by the parliamentary bill, which tries to regulate to reduce the distrainer`s tariff. The thesis compares the current situation in the Czech Republic with selected states. For purposes of this thesis, I chose Germany, because there is recovery of debts through a state employee, France because this system is one of the oldest and served as a model for many states and Slovakia, for reasons of common history and amendment that came into force in April this year. The aim of the thesis is to map the situation in selected states, to find possible deviations and sources of inspiration for the system of executive services in the territory of the Czech Republic.

The subject of this thesis is to evaluate the issue of judicial enforcement of claims in legal theory and practice. The first part is devoted to an explanation of key concepts in terms of legislation. The next part shows the possible ways of enforcing judicial claims. The final part evaluates the results in terms of qualitative and quantitative indicators.

This diploma thesis deals with issues of distraint by sale of property and by property management which represent two kinds of distraint with important impacts on debtor's proprietary rights. The diploma thesis is divided into four chapters complemented by introduction and conclusion. The first chapter deals with distraint order in a general way and also examines the term "real estate" in the context of the recent recodification of the civil law. The second chapter explains phases of distraint by sale of property and by property management from the initiation of the distraint order to the delivery of warrant of distress. Next third chapter deals closely with the distraint by sale of property and its particularities and the final chapter analyses in a similar way the distraint by property management.

This thesis deals with the institute of private distrainor in terms of its position in the Czech legal order. It outlines the history of enforcement process and discusses the powers of the private distrainors in accordance with the relevant laws. The theoretical part describes the functioning of various mechanisms in the enforcement proceedings, with an emphasis on the most common types of acts. In the analytical part it focuses on the changes made in 2015 and further analyzes prepared or discussed changes in enforcement proceedings. Specific problems closely connected with the institute of private bailiff are described and at the same time there are suggested possible solutions to these problems.

The thesis deals with an analysis of information system and follow up designs on improvement of the IS in Enforcement office Brno-venkov company. Basic terms related to information’s systems are explained in the introductory part. The second part is dedicated to the information system concept, its qualities, features and requests. The company where IS is located, the analysis of the information system, elimination of risks and designs on improvement are described in the next part.

This thesis deals with performance of law protection function and a subsequent recoverability in the field of debt collection. The subject of this work is to compare debt collection effectiveness via judicial proceedings and private entities. Exercise of judicial power is one of the basic functions of the State; however, given the knowledge of the low success of the recovery procedure, it is extended to alternative methods of dispute resolution. Private executors focusing on exercising judicial power, debt collection agencies dealing primarily with extrajudicial debt collection and arbitration facilitating extrajudicial dispute resolution by means of independent arbitrators all provide other means of law enforcement. This work focuses on and analysis of the above mentioned systems and comparison of their effectiveness with regard to their efficiency and success when attempting to protect creditors' rights. The aim of the mentioned comparison is to prove a debt collection efficiency increase caused by an entry of private entities into the market (alternative ways of dispute resolution).

The area of individual reclamation of receivables in the form of court-ordered distraints has undergone significant changes since the year 2000. The initial practice, when the claims used to be enforced directly by judicial officers, proved to be largely ineffective and with difficult to apply. The Ministry of Justice has responded by adopting an amendment to the Act (Act no. 120/2001 Coll., on bailiffs and executor activities), which introduced the independent bailiff offices. Then, the law itself understood the bailiff authorities as a separate entrepreneurs. Currently, in the Czech Republic, there can be seen the distribution of the market with distraints according to the Pareto rule. Approximately 20% of bailiff offices manage over 80% of distraints. It is obvious that this is an unsatisfactory condition for the majority of bailiff offices. In response to this fact, the Czech Chamber of Bailiff offices calls for the introduction of territoriality, which would eliminate by law the market environment from the market with distraints and every single bailiff office would have a stable allocation of distraint proceedings. The analysis carried out clearly shows that there are significant differences between bailiff offices in terms of speed and in success of the debt recovery. The actual demand for the introduction of territoriality would not merely be a reallocation of the market with distraints. Putting it into a practice would greatly influence the transactional costs of business and non-business entities in the Czech economy. The thesis comprehensively describes the issue of territoriality and quantifies how much the debt collection will decrease in case of its introduction. In the conclusion, an alternative draft is formulated, which might, according to the author, allow effective regulation and supervision of the activities of bailiffs' offices without compromising the inherent efficiency of the reclamation of receivables in terms of market environment.

This diploma thesis focuses on relation between state and private system of debt collection. The first part of this paper briefly describes traditional role of the government in general and deals with question if it is possible to establish competition into the justice. The second part describes and analyzes four different systems of debt collection in the Czech Republic -- execution procedure by public judicial system, by judicial officer (for-profit alternative), by arbitration court and by collection agency. In this part there are also described mechanisms of how four different systems work. The analysis of efficiency of four systems arises from comparison different motivation and mechanism used by representatives of systems. The aim of this paper is to monitor present condition in the market of debt collection in the Czech Republic and to demonstrate if the protection of property rights changed by the entrance of non-state alternatives.

Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff - Abstract The thesis deals with the legal position of insolvency administrator in insolvency proceedings and its comparison with the position of bailiff. The thesis is broken into an introduction, six chapters and a conclusion. The aim of this thesis is to summarise the rights of the insolvency administrator as a subject of the insolvency proceeding and compare them with the rights of the bailiff. The first chapter deals with the definition of insolvency administrator, the conditions to perform the office and to obtain the relevant licence to perform the office, as well as the manner of entry of insolvency administrators into the registry. The second chapter takes on the manner of appointment of the insolvency administrator in a specific insolvency proceeding, the conditions for removal or recall from the office, the conditions of exclusion for bias and situations when the insolvency administrator may be replaced. Furthermore, the chapter states the duties of the insolvency administrator. Special attention is paid to the reward and reimbursement of costs in the various alternatives of insolvency solutions with regard to recent case law. The chapter also details the liability of the...

The following diploma thesis is called "The writ of execution and authorization of a licensed executor". I have chosen this theme because this execution and execution procedure is a dynamically developing part of the civil law and has been changed substantially in recent years. I deal mainly with the legislation in regards to the petition for an execution order, an execution order as well as a termination of authorization of an licensed executor to carry out the execution. The aim of the thesis is to acquaint the reader with current legislation, compare current legislation with previous legislation and identify ambiguities and issues encountered in practice. The thesis is divided into five chapters. The first one is a preface and the last a conclusion. The second chapter deals with the petition for an execution order, especially requirements, defects and their remedies. Further, I pay attention to execution title and its particular types. In the end I outline the possibility of the proposed limitations on the territorial scope of an licensed executor de lege ferenda. The third chapter deals with the execution procedure and authorization of a licensed executor. I describe how the court can decide on the petition for the execution order. Separately I deal with an execution decision, its delivering,...