National Repository of Grey Literature 303 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Instruments of protection against fraudulent insolvency petitions
Růžičková, Lucie ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
This thesis aims to provide a summary overview of instruments of Czech law preventing insolvency petitions of being misused by the creditors and to asses, whether the current legislation provides sufficient protection for borrowers against fraudulent insolvency petitions and on the contrary, whether it does not disproportionately restrict the rights of creditors eligible to enforce their claims towards the borrower in bankruptcy. After the first chapter which defines the basic terms and concepts of the insolvency law, which are used further in the thesis, follows a chapter defining the term "fraudulent insolvency petition" itself and the common motivations of the creditors thereto. The third chapter analyses the particular instruments of private law suitable to provide protection against fraudulent insolvency petitions. The main part of this thesis is contained in the first part of this chapter, which describes the particular instruments of the Insolvency Act providing for protection of borrowers against fraudulent insolvency petitions. The following part of this chapter describes other instruments of private law that might be alternatively used against the fraudulent insolvency petitions. The fourth chapter then describes the criminal law consequences of the fraudulent insolvency petitions. In the...
Conciliation proceedings in civil procedure
Lakron, David ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Conciliation proceedings known as special type of civil procedure does not get too much attention. This problem can be seen from many perspectives. This diploma thesis strives to clarify nature of conciliation proceedings, showing its course and benefits. It tries to offer more comrehensive interpretation of it to non-professionals. All this to support the usage of conciliation proceedings. This actual problem underlines the effort of the legislator to support mediation to the prejudice of conciliation proceedings. Thus this thesis focuses on links between conciliation proceedings and mediation with comparison to benefits and disadvantages of both institutes. From this can be shown an increasing downfall of conciliation proceedings with absence to find support for more usage of this type of conciliatory resolution of dispute. This thesis not only focuses on clarification of nature of conciliation proceedings, it also tries to explain in which conciliation proceedings stands out and how it can help to solve disputes in conciliatory way, which can be seen like a good solution in many situations. At the same time this theses strives to give more coherent perspective on this institute of civil procedural law with drawing attention to course of conciliation proceedings based on practical part. Therefore...
Proceedings in matrimonial cases
Schopp, Michaela ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
My master thesis is dedicated to proceedings in matrimonial cases - namely proceedings of marriage authorization and status matrimonial case proceedings. However, the main focus of my thesis is dedicated to divorce proceedings mainly because it is the most frequent proceeding from all in matrimonial cases and also because divorce represents a social phenomenon of current society. The whole thesis is composed of three main segments along with an introduction and conclusion. The first segment of my thesis classifies proceedings in matrimonial cases in accordance with legal taxonomy as a part of uncontested proceedings. Then further describes the reason of division of uncontested proceedings from the Code of Civil Procedure and also relation between the Code of Civil Proceedings and the Act of Special Court Proceedings. The following chapter engages in proceedings in matrimonial cases at first generally, then introduces the institute of marriage itself, follows enumeration on all types of matrimonial proceeding, analyses them and compares their differences and resemblances. Nevertheless divorce procedure is described in detail in the next segment of my thesis. A separate part is dedicated to the divorce of marriage which consists of several chapters including divorce from sociological point of view,...
The status of creditor in insolvency proceedings
Ropková, Kristýna ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The status of creditor in insolvency proceedings Abstract The subject of the diploma thesis is "The status of creditor in insolvency proceedings." The purpose of this thesis is to provide a comprehensive view on the status of creditor in insolvency proceedings according to the Act No. 182/2006 Coll., (The Insolvency Act), in particular with regard to the issue of raising claims and settlement in insolvency proceedings. One of the item of focus is also participation of creditor in creditor bodies, especially at meeting of creditors and creditors' committee. The principal sources of this work are current laws, relevant literature and also current domestic case law. This thesis is divided into six main chapters, which are further divided into a particular subchapters. The first chapter presents an introduction to subject of matter. This chapter deals generally with the concept of insolvency proceeding, its subject, purpose of insolvency proceedings and the basic principles of insolvency proceedings as well. The second chapter deals with the concept of the creditor, both from the point of the view of the civil substantive law and the civil procedural law. This chapter briefly explains the concept of the individuals and participants in insolvency proceedings. The third chapter focuses on creditor bodies which...
The role of different subjects in reorganisation of the debtor's enterprise (comparative study)
Vodičková, Tereza ; Macková, Alena (advisor) ; Smolík, Petr (referee) ; Winterová, Alena (referee)
The role of different subjects in reorganisation of the debtor's enterprise (comparative study) Abstract This thesis is an analyse of the role of different subjekts involved in reorganization. This thesis is composed of four chapters each of them dealing with one of the key subjects. Different legal systems were compared for this purpose. On one hand reorganisationis a sort of civil procedure, on theother hand it is a sort of contract. This thesis tries to describe this ambiguity in emphasising its contractual basis and judicial framework. Chapter One analyses how the insolvency modifies the position of the management, management is no more completely autonome in its action. In some cases there placement of the management is necessary, especially when the wrongful trading is proven. In most of cases the debt or files for insolvency, prepares a plan of reorganization and becomes a "Debtor in possetion". Different stades of reorganisation in respect with the position of the debtor are examined which shows that the reorganization is a way for thea management how to regain the right to act on behalf of the company. The role of shareholders symbolises the changes inside of the insolvent company- onone hand they represent as a shareholders'meeting an organ of the company and the other hand they are also...
Registration of claims in insolvency proceedings
Murin, Ladislav ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Registration of claims in insolvency proceedings Abstract In the financial world it is not uncommon for debtors to find themselves in a situation of being insolvent and unable to fulfill their obligations to creditors. Insolvency proceedings were created to resolve such a situation, enabling the creditors to have their claims registered and satisfied en masse (collectively). However, the registration of claims is a complex process consisting of several phases, namely the registration of claims stricto sensu, their verification and satisfaction. Proper understanding of each of its individual aspects is crucial for the creditors. However, constant changes by the legislator to the rules of this process make it difficult for creditors to understand them. The newest changes to the "rules of the game" are a result of two acts by which the Act No. 182/2006 Coll., on insolvency and its resolution (insolvency act) was amended and which came into effect in 2017. The amendments brought a number of changes, but changes to the registration of claims occurred mainly in the verification of filed claims, the status of claims registered by the homeowner association and in the filing of contingent and future secured claims. The most significant change brought about by one of these amendments is the disuse of the verification...
Methodic of selected judo techniques for younger school age children.
Holá, Veronika ; Pavelka, Radim (advisor) ; Smolík, Petr (referee)
Title: Methodic of selected judo techniques for younger school age children. Objectives: The aim of the thesis is to build visual material, which has the form of mental maps, selected technic in judo for beginner's athletes during the younger school age. Mental maps will be formed in conjunction with each other in a successful design, failed design, or in individual combinations. Techniques will be selected on the basis of the Testing Regulations of the Czech Judo Association. Methods: The collection of knowledge was carried out by a literature search, which deals with the topic of Juda and the chosen age category. Another reason for choosing the suitability of these techniques is the direct link to the judo test rule, which is given by Czech judo association. Keywords: judo, a younger school age, methods technique, mental maps, combination
Acquisition of immovable property in insolvency proceedings
Weagová, Evelina ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
As the topic of my master's thesis, I chose to focus on acquisition of immovable property in insolvency proceedings, especially from the point of view of the acquirer. This thesis aims to summarize the process of acquiring immovable property included in a debtor's assets and to call attention to specific procedural approaches and potentially complicated situations. I begin with an overview of the legislation applicable to the issue and then briefly define the related key terms which I use in the text. I believe it is important to consider which immovable property shall be included in a debtor's insolvency assets as well as the follow-up procedure if someone claims that certain immovable property should be excluded from the debtor's assets. I also discuss the general principles of insolvency proceedings, especially as regards liquidation of assets related to the acquisition of immovable property. Then I deal with particular methods of liquidation of assets. I briefly summarize the process of each method, outline possible positives and negatives, and specify the applicable appeals. Various obligatory approval processes are related with a particular method of liquidation of assets. The approval process with liquidation of an item serving to secure a secured creditor's claim is dealt with separately. As...
Administration of an immovable thing in enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent
Drvota, Jan ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Title: Administration of an immovable property during enforcement procedure conducted by a court enforcement officer and by a licensed enforcement agent (executor). The purpose of this thesis is to analyze the administration of and immovable property during enforcement proceduce conducted by a cour enforcement officer and by a licensed executor. This new method of enformenent was introducted into Czech legal order with effectuality from 1.1. 2013 and although this legal institute has been affective for almost five years, it still remains marginal and a little-used. The thesis is divided into three main chapters. The first chapter describes the historical development of the legal institute of executive sequestration. Chapter introduces the reader to the material reasons for which this institute was developed in Roman law, and shows how transformation has passed through the feudal and early industrial periods to the present. It is not forgotten even the socio-economic conditions of individual periods that formed those legal regulations. Second chapter describes the administration of an immovable property during in generace. Attention is paid to the more detailed characteristics of effective legal institute in Czech legal order. The last part of the thesis wants to familiarize the reader with the...
Discharge - as one of modes of resolving insolvency
Konvrzková, Dominika ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Discharge from debts is one of the modes of resolving bankruptcy and is regulated in sections 389 to 418l of the Insolvency Act. This legal institute is widely used by debtors - especially by consumers, because if the debtor fulfils the statutory requirements, in particular consisting in the honesty of debtor's intent and in the satisfaction of claims of unsecured creditors at least in the minimum rate guaranteed by law, the debtor is subsequently allowed to achieve the essential benefit of the whole procedure - discharge from a substantial part of his unpaid debts. The aim of this thesis is to evaluate in a comprehensive way the valid and effective legal regulation of discharge from debts, including the last amendment that came into effect on July 1, 2017. At the same time, I focus on some problematic issues, which cause application difficulties in practice. The text of this thesis is divided into 8 chapters. The first chapter provides a definition of the key concept of the whole insolvency law, namely the concept of bankruptcy and impending bankruptcy. The second chapter deals with the basic characteristics of discharge from debts and description of subjective and objective requirements thereof. The following two chapters deal with two essential procedural motions, namely the petition to declare...

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