Course detail

Civil procedural law

FP-UcppPAcad. year: 2014/2015

The course is focused on following the topics: courts and legal proceedings participants; the activities of courts before the opening of court proceedings; the first stage of the Civil processes; substantiation of facts; management costs; decision-making; legal remedies; execution of a ruling according to the Civil Procedure Code and executory regulations; auctions; insolvency proceedings; bankrupt; bankruptcy trustee; creditors; the process of bankruptcy; composition of payments; compulsory composition.

Language of instruction

Czech

Number of ECTS credits

4

Mode of study

Not applicable.

Learning outcomes of the course unit

The student will be acquainted with the legal process to remedy, with variations practical solution of dept recovery through the courts (action under the Civil Procedure Code or by arbitration), including the insolvency proceedings. Student will be able to evaluate the situation of the debtor and consequently decide on the best method of settlement.
Student will be able to assess the content of submissions addressed the court and the parties to assess the time-limits and the need to seek professional help (mainly legal).
Students will gain knowledge on the course insolvnečního management, bankruptcy proceedings and debt relief, on the activities of the bankruptcy / insolvency essence, the creditor body in insolvency / bankruptcy proceedings and during the insolvency / bankruptcy proceedings.

Prerequisites

Students are expected to have basic general knowledge of law at secondary school level. They should be familiar with basic terminology from the area of civil, labour and commercial law, as well as with legal regulations.

Co-requisites

Not applicable.

Planned learning activities and teaching methods

Teaching takes the form of two-hour lectures. The lecture includes a presentation of the basic concepts and principles and illustrative examples.

Assesment methods and criteria linked to learning outcomes

A course-unit credit is not awarded for this course.
The exam has a written form. The written exam consists of questions that are both closed (test with a choice questions, which may well be more than one answer) and open. Proved knowledge are based on the subject matter. It is test with questions. The classification is in accordance with the rules of the Faculty of Business and Management.

Course curriculum

- Civil procedure - juridical system, authority and competence of courts, legal proceedings participants.
ƒ- The activities of the courts before the opening of court proceedings, first stage of the civil processes, substantiation of facts.
ƒ- Different juridical decisions, management costs.
ƒ- Ordinary and extraordinary legal remedies.
ƒ- Execution of a ruling and the execution of courts orders carried out by court executors.
ƒ- Arbitration proceedings.
ƒ- Insolvency law - basic concepts, discuss bankruptcy and decided, bankruptcy trustees, creditor institutions moratorium, bankruptcy, debt relief, reorganization
- The assets, creditors and claims application, invalidity and ineffectiveness of legal acts
- Bankruptcy proceedings
- Debt Relief

Work placements

Not applicable.

Aims

The aim of the course module is to familiarise students with the process of civil proceedings including the execution of a ruling, and the execution of courts orders carried out by court executors. Students will also learn about bankruptcy proceeding with focus on bankruptcy trustees. Attention will be also focused on the status of the bankruptcy trustee. Students will become acquaint with the legislation insolvency management and debt relief.

Specification of controlled education, way of implementation and compensation for absences

Attendance at lectures is not compulsory. The course includes lectures only; there are no seminars.

Recommended optional programme components

Not applicable.

Prerequisites and corequisites

Not applicable.

Basic literature

zákon č. 120/2001 Sb. ČR, o soudních exekutorech a exekuční činnosti (exekuční řád) (CS)
zákon č. 182/2006 Sb., insolvenční zákon (CS)
zákon č. 216/1994 Sb., o rozhodčím řízení a o výkonu rozhodčích nálezů (CS)
zákon č. 99/1963 Sb., občanský soudní řád (CS)

Recommended reading

HENDRYCH,D. a kol.: Právnický slovník. 2. rozšířené vydání. Praha. C.H.BECK 2003. 1340 s. ISBN 80-7179-740-5 (CS)
MADAR, Z. a kol.: Slovník českého práva 1. a 2. díl: A-O a P-Z. 1. vydání. Praha. Linde 1995. 1390 s. ISBN: 80-85647-62-1 (CS)

Classification of course in study plans

  • Programme BAK Bachelor's

    branch BAK-UAD , 2 year of study, summer semester, compulsory

Type of course unit

 

Lecture

26 hod., optionally

Teacher / Lecturer

Syllabus

- Civil procedure - juridical system, authority and competence of courts
- Legal proceedings participants.
- The activities of the courts before the opening of court proceedings, first stage of the civil processes
- Substantiation of facts.
- Different juridical decisions, management costs.
- Ordinary and extraordinary legal remedies.
- Execution of a ruling and the execution of courts orders carried out by court executors.
- Arbitration proceedings.
- Insolvency proceedings - basic terminology; insolvency proceedings; bankruptcy trustee; committee of inspection.
- Insolvency proceedings; assets in bankruptcy; the process of insolvency proceedings.