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Influence of insolvency proceedings on the joint assets after amendment No. 294/2013 Sb.
Rosůlek, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of my diploma thesis is to analyze legislation of the insolvency procedure's impact on the joint assets and how this legislation was changed by the amendment to the Insolvency Act No. 294/2013. This amendment is effective from January 1, 2014 and it brings to the Insolvency Act, inter alia, establishment of a common procedure for a debt relief in a marriage, which was previously only inferred from the case law. Also, there occures a certain refilling and refinement of some provisions of the Insolvency Act in accordance with the case law. This diploma thesis consists of four main chapters. The first chapter deals with the insolvency procedure generally, it presents the necessary conditions for the event, and explains the basic concepts with which it is linked. The second chapter is devoted to general explanations of the joint assets. It defines its content, form in which the joint assets may be located, when and how it arises, and also describes how the joint assets is settled. The third chapter deals with the underlying assets. It is a summary of property that arises for the purposes of insolvency proceedings and from which are the creditors satisfied. This chapter defines the property, which is included in the underlying assets, and also the way to exclude the property from it. There is...
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Tour
Rosůlek, Jan ; Pohl, Tomáš (advisor) ; Frinta, Ondřej (referee)
Resume The aim of this thesis is to analyse the essential elements of a travel contract according to current legislation and to analyse the rights that a customer is entitled to. The thesis includes not just a comparison between previous legislation and that currently in effect - in some places it also offers a peek at the differences between current legislation and the Directive (EU) 2015/2302 of the European Parliament and of the Council, which is to be transposed into the legal order of the Czech republic by July 1st 2017. The thesis can be divided into four main parts: The first part is an analysis of the essential elements of a travel contract, which are as follows: 1. tour - a pre-prepared package of services related to tourism; this part includes a definition of services this pre-prepared package comprises of, as demonstrated on current case law. The subsequent part concerns itself with the aforementioned Directive (EU) 2015/2302 and the newly established "package travel", which is in many way similar to a travel contract. 2. parties to the agreement - organiser, customer - firstly this part provides a positive and negative private law definition of the term "organiser". Furthermore, the public law requirements an organiser must meet are covered in this part. In the following chapter, the term...
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Tour
Rosůlek, Jan ; Pohl, Tomáš (advisor) ; Frinta, Ondřej (referee)
Resume The aim of this thesis is to analyse the essential elements of a travel contract according to current legislation and to analyse the rights that a customer is entitled to. The thesis includes not just a comparison between previous legislation and that currently in effect - in some places it also offers a peek at the differences between current legislation and the Directive (EU) 2015/2302 of the European Parliament and of the Council, which is to be transposed into the legal order of the Czech republic by July 1st 2017. The thesis can be divided into four main parts: The first part is an analysis of the essential elements of a travel contract, which are as follows: 1. tour - a pre-prepared package of services related to tourism; this part includes a definition of services this pre-prepared package comprises of, as demonstrated on current case law. The subsequent part concerns itself with the aforementioned Directive (EU) 2015/2302 and the newly established "package travel", which is in many way similar to a travel contract. 2. parties to the agreement - organiser, customer - firstly this part provides a positive and negative private law definition of the term "organiser". Furthermore, the public law requirements an organiser must meet are covered in this part. In the following chapter, the term...
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Tour
Rosůlek, Jan ; Pohl, Tomáš (advisor) ; Frinta, Ondřej (referee)
Resume The aim of this thesis is to analyse the essential elements of a travel contract according to current legislation and to analyse the rights that a customer is entitled to. The thesis includes not just a comparison between previous legislation and that currently in effect - in some places it also offers a peek at the differences between current legislation and the Directive (EU) 2015/2302 of the European Parliament and of the Council, which is to be transposed into the legal order of the Czech republic by July 1st 2017. The thesis can be divided into four main parts: The first part is an analysis of the essential elements of a travel contract, which are as follows: 1. tour - a pre-prepared package of services related to tourism; this part includes a definition of services this pre-prepared package comprises of, as demonstrated on current case law. The subsequent part concerns itself with the aforementioned Directive (EU) 2015/2302 and the newly established "package travel", which is in many way similar to a travel contract. 2. parties to the agreement - organiser, customer - firstly this part provides a positive and negative private law definition of the term "organiser". Furthermore, the public law requirements an organiser must meet are covered in this part. In the following chapter, the term...
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Influence of insolvency proceedings on the joint assets after amendment No. 294/2013 Sb.
Rosůlek, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of my diploma thesis is to analyze legislation of the insolvency procedure's impact on the joint assets and how this legislation was changed by the amendment to the Insolvency Act No. 294/2013. This amendment is effective from January 1, 2014 and it brings to the Insolvency Act, inter alia, establishment of a common procedure for a debt relief in a marriage, which was previously only inferred from the case law. Also, there occures a certain refilling and refinement of some provisions of the Insolvency Act in accordance with the case law. This diploma thesis consists of four main chapters. The first chapter deals with the insolvency procedure generally, it presents the necessary conditions for the event, and explains the basic concepts with which it is linked. The second chapter is devoted to general explanations of the joint assets. It defines its content, form in which the joint assets may be located, when and how it arises, and also describes how the joint assets is settled. The third chapter deals with the underlying assets. It is a summary of property that arises for the purposes of insolvency proceedings and from which are the creditors satisfied. This chapter defines the property, which is included in the underlying assets, and also the way to exclude the property from it. There is...
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