Enforcement of judgments by courts and private executors - a comparison

in English The aim of this thesis is to describe and analyze the process employed by courts in a execution of a court decision under the code of civil proceeding No. 99/1963 Coll. and compare it with the practice of a private executor in a execution proceeding under the code No. 120/2001 Coll. Primary goal of the paper is to identify main differences between these two possible ways of forced enforcement of debtor's duties. The thesis is composed of thirteen chapters which are subdivided into sub-chapters. In Chapter One I introduce basic terms, prerequisites of civil execution and I also clarify the terms enforcement of decision and execution as used by both codes. Chapter Two presents the acts which are applied in execution proceedings - as already mentioned most important being the code of civil proceeding No. 99/1963 Coll. and the code No. 120/2001 Coll. Last part of Chapter Two addresses the relation of these two acts. In Chapters Three and Four basic prerequisites for initiation of an enforcement proceeding are described. More attention is paid to explanation of a term "enforcement order" - its definition, legal requirements regarding its contents, enumeration of possible enforcement orders etc. Next chapter deals with the role of a court in an enforcement proceeding, jurisdiction questions..