National Repository of Grey Literature 296 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
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...
Substantive rules in the Insolvency Act
Justa, Aleš ; Smolík, Petr (referee)
Substantive rules in the Insolvency Act Abstract The fundamental aim of the thesis is to find and analyze substantive rules contained in the Act No. 182/2006 Coll. Insolvency Act. The thesis analyzes their meaning and purpose, mentioning relevant judicial decisions and their historical context. Also foreign literature and expert monographs dedicated to insolvency law are mentioned. Questions of proposed amendments to the Insolvency Act related to the theme of the thesis are discussed, and personal opinions of the author on selected insolvency issues are included. The thesis is divided into 5 chapters, which analyze substantive norms of the Insolvency Act. Chapters Two, Three and Four form the core of the thesis. The first chapter defines procedural law and substantive law, relations between the Insolvency Act and other legal regulations, and its position in the system of law. The second chapter deals with different stages of insolvency proceedings, especially with the legal effects of the commencement of insolvency, bankruptcy but also with remedial ways of solving bankruptcy - reorganisation and debt relief. All the above mentioned is dealt with taking into account substantive rules of the Insolvency Act. The third chapter is dedicated to questions of liability of parties to insolvency proceedings, to the...
Kinesiological analysis of tachi-waza technique in judo
Zavadil, Jan ; Pavelka, Radim (advisor) ; Smolík, Petr (referee)
Title: Kinesiological analysis of tachi-waza technique in judo Objectives: The aim of this work is to measure activity of selected back muscles and oblique abdominal muscle using surface EMG. At the same time, determine the load with comparison with the maximum free contraction for musculus erector spinae with selected judo techniques tai otoshi, o goshi and uchi mata. Then perform intra- individual comparisons between different techniques and comparisons between measured probands. Methods: To determine the muscle chain in a motion cycle in techniques tai otoshi, o goshi and uchi mata by surface EMG method and kinetic analysis. Six probands with several years of experience in judo were selected to measure. The measurements were four muscles on both sides: musculus trapezius, musculus erector spinae, musculus latissimus dorsi a musculus obliquus externus abdominis. Results: There was some similarity for intra-individual comparison. Three probands between the technique tai otoshi and o goshi, two between tai otoshi and uchi mata. Can be assumed, that techniques tai otoshi is basic technique with which the probants began in their youth. In the inter-individual comparison, the results showed, that the technique is very individual. Most muscles involved 80% of the average motion cycle. Most often at the...
Modes of insolvency solution of non-entrepreneurial natural persons
Poštová, Tereza ; Macková, Alena (referee) ; Smolík, Petr (referee)
Modes of insolvency solution of non-entrepreneurial natural persons The development of credit transaction and associated rising debt of households, led to a non entrepreneurial natural person becoming the typical subject of modern insolvency law. Act No. 182/2006 Coll., on Insolvency and its solution (Insolvency Act) gives consumers the possibility of remediation mode of solution of their insolvency through discharge of debt, which allows debtor to solve his unfavourable economic situation given at least part of his debts is satisfied in such a way that he avoids a devastating impact of his debt and has a chance of exiting the debt spiral and to starting over. The thesis deals with insolvency of these persons and modes of its solution, based not only on the current legislation, but also on judicial practice because a whole range of issues have been solved only within this framework. The change should be brought about by the so called conceptual amendment of the Insolvency Act, prepared by the Ministry of Justice, whose goal is to incorporate disputed issues and issues unsolved in the Insolvency Act. The prime purpose of my thesis is to analyse the process of consumer's insolvency solution, especially focusing on discharge of debt and the slight bankruptcy and its specificity with emphasis on issues...
The Position of Secured Creditor in Insolvency Proceedings
Barták, Milan ; Smolík, Petr (advisor) ; Dvořák, Bohumil (referee)
The topic of this thesis is the position of a secured creditor in an insolvency proceedings in the framework of a specific type in a civil, judicial process. The subject of this proceedings is a debtor and his insolvency (or his potential insolvency) and the solution of his insolvency. The aim of this paper is to analyze the role of a secured creditor whose credit claim is specifically set out and secured with an asset that forms a part of an asset registry of the insolvency proceedings in the Czech Republic, based on the applicable law of Insolvency Act and specialized literature, as well as the relevant code of justice, which plays an important role in the interpretation of legal standards of Insolvency Act. The aim of the author is to draw attention to selected sections of the insolvency proceedings and further analyze selected questions and categories of the insolvency proceedings, directly relating to the secured creditor in individual phases of the insolvency proceedings, from the beginning until the credit of secured creditor is recovered.
Modes of bankruptcy solutions in case law
Rosmüllerová, Nikola ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This thesis is focused on bankruptcy law governed by the law no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act). Work includes an overall assessment of the Insolvency Act legislation and case law, which refines some of the situation where insolvency law is not its content, specific and clear. Work consists a total of eight chapters, the first of which is introductory, which are outlined goals and approaches to the actual topic and the last, ie eighth chapter summarizes the findings and conclusions of the work, stating the legislative changes which are in the approval process and proposals for possible changes bankruptcy law. Within the first chapter is also briefly described the historical development of the insolvency proceedings, and there is also indicated the current legislation affecting the insolvency law. The second chapter describes general information about the actual insolvency proceedings, which are set out above all the effects that are associated with its launch, the principles of insolvency law and the analysis of the term "decline". The actual means of resolving insolvency are generally dealt with Chapter Three, which are listed and the detailed description contains the following chapters of the thesis. The fourth chapter describes the liquidation technique of...
Alternative consumer dispute resolution
Tesárková, Markéta ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
The purpose of my thesis is to analyze the legal regulation of the alternative consumer dispute resolution. The thesis is divided into seven chapters. Chapter one contains brief definition of the relevant concepts which is necessary for the purposes of the thesis. This chapter consists of four separate subchapters which refer to the definition explained in the first chapter. In the second chapter I focus on the general interpretation of the issue of alternative dispute resolution methods. The second chapter involves the points of view of such methods and also its brief characteristics, and last but not least, it focuses on the advantages and disadvantages of the alternative dispute resolution, as such. The subject of the third chapter is the introduction to the legal regulation of the alternative dispute resolution in relation to the consumer disputes. The first subchapter describes the legal regulation in the Czech Republic. The second subchapter deals with the legislation in the context of the European Union law and the third one illustrates related international law. The main part of my thesis is chapter fourth and the following chapters. The fourth chapter is fully focused on the specific issues of the alternative dispute resolution, namely in the arbitration proceedings. This chapter is divided into...
Reorganization under Czech legal regulation
Horváthová, Michaela ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Thesis title: Reorganization under Czech legal regulation Main goal of this diploma thesis is to describe and to analyze the applicable legal regulation of reorganization, contained in Act No. 182/2006 Coll., on insolvency and modes of its solutions. Reorganization, as governed today, represents one of the rescue modes of resolution of insolvency, suitable mainly for the mid-sized to large enterprises. Although even after meeting of all the conditions for its allowance by court, it cannot be understood as a solution for everybody, it represents an interesting alternative to the bankruptcy, leading to the winding-up of the particular company. The diploma thesis is divided into fourteen chapters in total. The first two chapters are dedicated to general issues, i.e. to the definition of the concept of the insolvency proceedings and of its legal regulation, as well as to the legal regulation of reorganization. The emphasis therein is given to the character and goal of the insolvency proceedings, with focus on the interpretation of the concept of "principally proportionate satisfaction of creditors" as one of the key concepts determining the main purpose of insolvency proceedings. Third chapter reflects the basic overview of the process of insolvency proceedings until the issuance of the court decision...

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2 Smolík, Pavel
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