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Incidental disputes in insolvency
Pavlů, Robert ; Sedláček, Miroslav (advisor) ; Holčapek, Tomáš (referee)
Incidental disputes in insolvency Abstract, key words This thesis focuses on the issue of incidental disputes in insolvency proceedings with an emphasis on the different types of such disputes, pointing out some problematic aspects of the current legislation. Incidental dispute is a special type of civil court proceedings, the purpose of which is to resolve issues that are central to the whole insolvency proceedings and cannot be resolved in the insolvency proceedings themselves and thus require separate attention. Decisions in such disputes can have a fundamental impact on the rights of litigants and third parties, which underlines their importance not only in the insolvency context. This thesis conducts a thorough analysis of the legal regulation of incidental disputes in insolvency proceedings, drawing on legislation, case law, specialist literature and, last but not least, the practical experience of the author as an assistant of an insolvency practitioner with a special authorization. The thesis first deals with the general concept of incidental disputes, their characteristics, legal regulation and the course of court proceedings concerning them. It then focuses on the different types of incidental disputes as provided for in the Insolvency Act and other relevant legislation. This thesis also refers...
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Bankruptcy of financial institutions
Urbanová, Irena ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Bankruptcy of financial institutions Abstract The topic of the thesis is the bankruptcy of financial institutions. The thesis deal with bankruptcy of financial institutions, which are defined in the Insolvency Act, int its § 2 paragraph k). These include banks, credit unions, securities dealers, insurance companies and reinsurance companies. Given the potential system-wide impact of the bankruptcy of financial institutions and also for the reason a large number of creditors, special legal regulation on the insolvency of financial institutions is necessary. The special legal regulation of bankruptcy of financial institutions can be found in the Part Two of Title IV of Insolvency Act. The main focus of the work is the differences of insolvency proceedings in financial uinstitutions from standard insolvency proceedings. Depositors usually represent the majority of creditors of financial institutions and therefore are afforded increased protection in insolvency proceedings of financial institutions. This protection is based on the deposit insurance system, which in Czech legal environment is represented by the Guarantee System Deposit Insurance Scheme and the Securities Dealers Guarantee Fund, and also in the automatic registration of claims arising from the insolvent debtor's accounts. Special role in the...
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Class actions
Stiborová, Kateřina ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Class actions Abstract This thesis deals with the regulation of collective proceedings in the Czech Republic, first focusing on the current forms of collective proceedings and then moving on to the draft of the Act on Collective Civil Judicial Proceedings. The aim of the thesis is to contribute to the professional debate on the emerging form of collective proceedings with a mostly practical view of setting specific parameters of the law, to point out some shortcomings of the current proposed bill and to offer its own solutions. From the methodological point of view, the analytical, normative, comparative and synthetic approaches were used. However, a descriptive approach is also evident in the beginnig of the thesis. The analysis was mainly used in the examination of the current draft of the Act on Collective Civil Judicial Proceedings and the Polish legislation. The normative approach is most evident in the critical commentary on the current proposed bill. The thesis offers a comparative examination when comparing the proposed Czech and Polish legislation. The synthesis of the recorded findings is then most influenced by the section dealing with considerations on the future appropriate form of class actions. From the content point of view, the thesis first offers a theoretical excursus in which it deals...
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Bankruptcy of financial institutions
Cimburková, Barbora ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Bankruptcy of financial institutions Summary The thesis deals with the issue of bankruptcy of financial institutions with the aim of providing a comprehensive interpretation of the current legislation and its analytical assessment. The thesis is divided into 7 chapters within which the reader is initially introduced to the key words of this thesis such as "bankruptcy" and "financial institution" and then to the individual procedures that can occur in the event of failure of financial institutions, which are: resolution proceedings under the CRD, liquidation under the CC and insolvency proceedings under the IC. Attention is thus primarily paid to the mutual definition of these procedures in order to declare in which cases the procedures are applicable, with which specifics and under which conditions. In the chapter on resolution proceedings, the reader is given a closer look at the BRRD and the CRD, which implemented the directive into the Czech legal system and which, apart from the resolution proceedings themselves, also regulates preventive measures taken to prevent the emergence of negative effects of potential failures of financial institutions on the financial system in the form of recovery plans or crisis resolution plans. An unforgettable part of the chapter is also the specification of individual...
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The Costs of Bankruptcy
Pérez, Nicolas ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
The Costs of Bankruptcy Abstract This work deals with the question of whether insolvency law effectively reduces the cost of bankruptcy in the context of insolvency proceedings of commercial corporations. The author first defines the economic foundations of insolvency law and emphasizes its goal as a maximalization of the creditor's wealth. The first chapter focuses on the initial context of insolvency proceedings and emphasizes an economic perspective that views insolvency proceedings as a mechanism for shifting a residual claim from shareholders to creditors at the lowest costs. The author describes the costs of using this mechanism as the costs of bankruptcy. The second chapter describes what kind of costs are associated to the civil proceedings. Subsequently the author elaborates on the relationship in between the civil proceeding costs and insolvency proceeding costs. The rest of the second chapter is dedicated to the direct and indirect costs of bankruptcy. The costs of the insolvency trustee and the costs of using external advisors are identified as the most important direct bankruptcy costs. The third chapter Describes the position of the insolvency trustee and his role in insolvency proceedings, including the method of its remuneration. The Author analyzes whether the set calculation of the...
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Incidental disputes with the focus on ineffectiveness and contest of legal acts
Kvasničková, Barbora ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Incidental disputes with the focus on ineffectiveness and contest of legal acts Abstract The rigorous thesis deals with the topic of incidental disputes, focusing on ineffective and contestable legal acts. Incidental disputes are conflicts triggered by insolvency proceedings, as stipulated by insolvency law, and are adjudicated within the framework of insolvency proceedings. Managing incidental disputes represents one of the pivotal activities of an insolvency administrator. This work is divided into 7 chapters. The first chapter provides an introduction to the issues of incidental disputes defined in the insolvency law and general rules for the management and adjudication of these disputes. The second chapter is dedicated to general provisions regarding the ineffectiveness of debtor's legal acts under insolvency law and the obligations of persons to return performance from ineffective legal acts. The third chapter outlines practical procedural information related to the management of incidental disputes based on the opposition lawsuit filed by the insolvency administrator. The fourth chapter meticulously characterizes the factual nature of debtor's ineffective legal acts without adequate consideration. The fifth chapter deals with the factual nature of debtor's preferential ineffective legal acts. The...
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Appointment of an insolvency practitioner in insolvency proceedings
Bistárová, Eva ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Appointment of an insolvency practitioner in insolvency proceedings Abstract The main objective of this thesis is to comprehensively analyse the process of appointing an insolvency practitioner in insolvency proceedings. The opening chapter of the thesis presents the historical research of different systems of insolvency practitioner appointment, being the prerequisite for the further analysis. The second chapter determines the role of an insolvency practitionerwithinthejudicial system,whichappears tobe crucial for identifyingobjections to current regulation and proposing suitable approaches. This chapter contains an analysis of the very definition of an insolvency practitioner, the linear timeline of the performance of this office from licensing to delicensing, classification of insolvency practitioners, identification of supervisory authorities, and the model of state liability for the performance of insolvency practitioner's office. The second chapter further provides the detailed analysis of the public-service dimension of the insolvency practitioner's office, and the foreign legislation establishing heterogeneous insolvency administration schemes. The first two chapters are systematically proceeded by the analysis of the legal framework of the process of appointing insolvency practitioners, identifying...
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Bankruptcy of financial institutions
Urbanová, Irena ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Bankruptcy of financial institutions Abstract The topic of the thesis is the bankruptcy of financial institutions. The thesis deal with bankruptcy of financial institutions, which are defined in the Insolvency Act, int its § 2 paragraph k). These include banks, credit unions, securities dealers, insurance companies and reinsurance companies. Given the potential system-wide impact of the bankruptcy of financial institutions and also for the reason a large number of creditors, special legal regulation on the insolvency of financial institutions is necessary. The special legal regulation of bankruptcy of financial institutions can be found in the Part Two of Title IV of Insolvency Act. The main focus of the work is the differences of insolvency proceedings in financial uinstitutions from standard insolvency proceedings. Depositors usually represent the majority of creditors of financial institutions and therefore are afforded increased protection in insolvency proceedings of financial institutions. This protection is based on the deposit insurance system, which in Czech legal environment is represented by the Guarantee System Deposit Insurance Scheme and the Securities Dealers Guarantee Fund, and also in the automatic registration of claims arising from the insolvent debtor's accounts. Special role in the...
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Liability of the insolvency administrator for damage or other loss
Hunal, Jakub ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Liability of the insolvency administrator for damage or other loss The topic of this thesis is the liability of the insolvency administrator for damage or other loss and its aim is to elaborate this topic in detail and to highlight the interpretative issues. The focus of the thesis is the analysis of the division of possible claims for compensation for damage or other loss against the insolvency administrator and the disputes arising from them. In the thesis I divide these claims into individual claims, i.e., claims that arise from the relationship between a particular claimant and the insolvency administrator, and claims that are related to the estate. In the case of these claims, their specificity is explained. The second division of claims is into claims that can be resolved through the application of the general provision on the insolvency administrator's liability for damage or other loss (§ 37 IZ) and claims to which this basic provision cannot be applied. Subsequently, the individual aspects of liability (prerequisites for the obligation to compensate for damage) are discussed, taking into account the specifics of the individual disputes. The nature of the individual prerequisites for liability and their relationship to the other prerequisites are always explained. The procedural aspects are...
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Status of a secured creditor in insolvency proceedings
Šámal, Patrik ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Status of a secured creditor in insolvency proceedings Abstract This thesis focuses on the analysis of the insolvency proceedings from the perspective of the secured creditor from its commencement to its conclusion, with the aim of assessing the effectiveness of the applicable legislation and the position of the creditor in the insolvency proceedings. The thesis does not deal with a comprehensive analysis of the position of the secured creditor, but focuses on the key milestones of the insolvency proceedings and related interpretative ambiguities. The interpretation and application of these provisions are often problematic and require a deeper understanding of the basic legal principles of insolvency law. This paper aims to clarify these problematic areas with reference to relevant case law. The thesis assumes that creditor behavior is based on the economic theory of human behavior, which is based on the assumption of rational behavior and the desire to maximize one's own benefit. The thesis consists of five main chapters. The first chapter focuses on the general meaning of creditors in the context of insolvency proceedings and the requirement for their plurality that arises from the definition of the shared goods problem. Next, the institute of secured creditor under Section 2(2)(g) of the IZ, which has a...
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