B_EER Execution and enforcement proceedings

University of Finance and Administration
Summer 2015
Extent and Intensity
2/0. 3 credit(s). Type of Completion: z (credit).
Teacher(s)
JUDr. Petr Šedivý, Ph.D. (seminar tutor)
Guaranteed by
doc. JUDr. Eduard Bruna, Ph.D.
Department of Law – Departments – University of Finance and Administration
Contact Person: Hana Víchová
Timetable of Seminar Groups
B_EER/pPPPVSPPH: each even Tuesday 15:45–16:29 E305, each even Tuesday 16:30–17:15 E305, each even Tuesday 17:30–18:14 E305, each even Tuesday 18:15–19:00 E305, P. Šedivý
Prerequisites
B_CPr_2 Civil Law 2
The requirement for the completion of this course is completion of the course B_CPr_2.
Course Enrolment Limitations
The course is offered to students of any study field.
Course objectives
The aim of the subject is to introduce students to the profession   Judicial Officers and the statutory rules for the conduct of enforcement proceedings. Will be interpreted by the concept of execution, whose aim is to ensure the satisfaction of specific legal claim individual creditor (authorized). Will be defined basic institutions of typical execution proceedings. Students will be introduced to the   position Bailiffs as specific legal profession dealing with enforcement activities, while not neglecting the issues of remuneration of a bailiff. Interpretation will address the prerequisites for the start of execution. A substantial part of the interpretation will be given to individual methods of execution of the writ, and both cash and in kind to the filling. Attention will be paid to the course suitability and adequacy of management execution, the impact of enforcement proceedings on the debtor's disposition authority (statutory) including maintaining low standard of living. Also will be incidental disputes that may arise in the implementation of execution; by     both from the point of view enforceable sanctions (including procedural defense of third parties concerned by any execution) and from the point of view     disputes about authenticity and ranking of claims in conflict claims more creditors.
Syllabus
  • 1.Execution (Execution as a social phenomenon. The purpose and principles of enforcement proceedings. Sources enforceable rights. Types of enforcement and rules against overlapping each execution procedures. Clash of execution and insolvency proceedings)
  • 2.Second enforcement order (The enforcement orders. The financial and time required to achieve individual "civil" enforcement orders. The formal and material conditions of enforceability)
  • 3. The Court bailiff (The position of bailiff and court executors government. On coordination privileges of a bailiff. The remuneration of a bailiff including decisions on   costs of enforcement)
  • 4. Management of enforcement proceedings (Participants enforcement proceedings. The warrant recourse property, which is part of marital property. Execution proposal. General inhibitorium. The choice of how to perform the execution. Execution command. Extinction commission of a bailiff)
  • 5. Incidental disputes (Poddlužnické disputes. Called exluded disputes. Resistance spores. Spores from   better law)
  • 6.Delay and stop execution
  • 7. Execution deductions from wages or other income
  • 8. Execution eighth commandment claims (Claim on account of   u ~ financial institution. The commandment other monetary claims and other proprietary rights. Disability participate in   Corporations)
  • 9. Execution sale of movables (List of chattels. The auction of movables. Excursus on   monetization of securities and patents, industrial designs and trademarks)
  • 10. Execution sale of immovable property (Single-phase execution sale of real property. Specifics sales ownership interest in the real property. The specifics of the sale of the mortgaged real property)
  • 11. Other methods of carrying out execution for cash consideration (Establishment executor lien on real estate matters. Manage real estate. Disability race. Suspension of driving privileges)
  • 12. A method for carrying out the executions kind performance
Literature
    required literature
  • KURKA, V. DRÁPAL, L. Výkon rozhodnutí v soudním řízení. Praha : Linde, 2006
  • KASÍKOVA, M. A KOL. Exekuční řád : komentář. 3. vydání. Praha : C. H. Beck, 2013
  • WINTEROVÁ, A. A KOL. Civilní právo procesní. 6. aktualizované a doplněné vydání. Praha : Linde, 2004
Teaching methods
Lectures and seminars in full-time study; tutorials in part-time study; compulsory seminar participation is 75% in full-time study, compulsory tutorial participation is 50% in part-time study.
Assessment methods
The course is completed with a credit and verbal exam. A specific written study (50% points min) and 30 written test questions (50% points min) is required to award the credit. Answer one of the 15 topic questions correctly is required to pass the exam.
Language of instruction
Czech
Further comments (probably available only in Czech)
The course can also be completed outside the examination period.
Information on the extent and intensity of the course: 6 hodin KS/semestr.
The course is also listed under the following terms Summer 2016, Summer 2017, Summer 2018, Summer 2019, Summer 2020, Summer 2021, Summer 2022, Summer 2023, Summer 2024.
  • Enrolment Statistics (Summer 2015, recent)
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