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Reorganization and the modes of insolvency solutions
Mazzolini, Norbert ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Act 182/2006 Coll., the Insolvency Act, brought many changes to the field of law of insolvency. Before all, it is the new conception of the system of unified administration, where the decisions are taken about the status of liquidation procedure, so that the most efficient method of resolving of such insolvency may be found followingly, and also new ways of insolvency resolving, namely reorganization and debt clearing. Preparation of the Act, similarly to many neighbour countries, was strongly affected by the aim at forming a set of conditions motivating debtors to try and resolve their difficult financial situation and avoid reluctance in case of economic crises by presenting legal tools enabling to keep the business running. That was supposed to bring an improvement of the situation of both the debtors and their creditors, who all play their set roles within the insolvency proceedings. The key factors were hence speed, efficiency, and the wish to balance the effects of liquidation and sanation form of insolvency resolution. This Master's degree dissertation is focused on the sanation form of insolvency procedings. The Act defines this form as a reorganization; a method replacing the quite rarely used institute of debtor-creditor clearing, and directly aims at balancing the long-observed disbalance between...
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Arbitration proceedings
Ságnerová, Zuzana ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Arbitration proceedings The main aim of the thesis is to research arbitration proceedings in the Czech Republic, to compare its existing methods and to prove that contemporary law regulations embodies row of deficiencies, which causes many problems among public. It is with no doubt that nowadays the number of arbitration proceedings has increased its importance significantly, especially thanks to growth of disputes in the area of property relations. Another reason for this growth is certainly its characteristic and following advantages of arbitration proceedings: its speed, informal course, lower costs and accessibility. The thesis is composed of five chapters, each of them dealing with different aspects of arbitration proceedings. Chapter One is introductory, which enables to place arbitration proceedings among another ways of amicable dispute resolutions. The chapter consists of one part, which describes the term of amicable dispute resolution and classifies all its kinds. Chapter Two deals with term of arbitration proceedings, it treats of arbitration proceedings history, its object and advantages in comparison with proceedings in front of general court. This part is also aimed to arbitration clauses inside of consumer contracts and recommends changes to be made in legislation of arbitration proceedings...
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Proposal for Insolvency Act ammendments in order to establish equality status of creditors in the process of personal banktruptcy through debts charge off
Prasková, Zuzana ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Title: Proposal for Insolvency Act amendments in order to establish equality status of creditors in the process od personal bankruptcy through debts charge off Thesis summary: The purpose of my thesis is to describe the new form of personal bankruptcy through debts charge off and point out some weaknesses of the current legislation together with some proposals how to deal with them. The reasons that led me to choose this topic are i) new legislation of Insolvency Act which is effective from January 1st 2008, and ii) my practical experience with insolvency proceedings. The thesis composes from eleven chapters where each of them deals with particular phase of the process. Prior to the chapters there is an Introduction which describes the aim of the thesis, reasons for this specific topic and explanations of basic legislation related to personal bankruptcy. Chapter One focuses on origination of the insolvency law in the territory of The Czech Republic and is divided into three subchapters. The first subchapter focuses on the development of insolvency law before the origination of Czechoslovakia, the second subchapter describes changes in the insolvency law from 1918 and the last subchapter deals with the former Bankruptcy Act. Chapter Two clarifies basic changes that were introduced by the Insolvency Act and...
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Types of civil procedure
Brázdová, Kristýna ; Zoulík, František (advisor) ; Zoulík, František (referee)
This diploma thesis gives comprehensive view of several kinds of civil procedure, whereas it aims for characteristic of their main elements (f.e. principles, participants, kinds of verdicts). By this characteristics the diploma thesis interfers with some problems and questions, which are not solved by legislation. Therefore there is a target to find the answers to these questions with the help of legal and judicial experiences. There are actual questions nowdays, which evoke the law form of concentration of proceedings. We can divide the civil proceses by seven categories. I follow also the partial targets by some category. Within the frame of characteristic of undisputed procedure I compare this procedure with the target to find the fundamental differences between these civil-procedural types of proceedings. In the chapters devoted to execution and insolvence procedure, I especially focus in definition of premises, for which the proceedings can be execute. The attention is devoted to position of creditors from the angle of exercitation and satisfaction their outstanding debts in insolvence proceedings. At the close of diploma thesis I try to draw near law-suits, which can be a subject of arbitration procedure.
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Raising claims in insolvency proceedings
Kadlec, David ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Raising claims in insolvency proceedings Quality insolvency law of economic entities is in addition to civil and commercial law one of the pillars of a developed market economy. In case the insolvency law allows relatively simple application of claims and is a guarantee of the recovery of substantial amount, it can positively influence business environment as well as enhance legal certainty of legal relations. In this area, Czech Republic with its previous legislation represented by Act No. 328/1991 Coll., on Bankruptcy and Settlement despite its numerous amendments, lagged behind its neighboring countries like Slovak Republic e.g., where this rule has been replaced by Act No. 7 / 2005 Coll., on Bankruptcy and Restructuring already since July 1st 2005. Important change came with the Act No. 182/2006 Coll., on Insolvency and Methods of its Solution, which is a complex recodification effective from January 1st 2008. Besides the overall modernization its primary aim was to relieve the shortcomings of prior legal form that have been visible mainly in very weak position of creditors in the proceedings, its slowness and low level of satisfaction of creditors' claims. The effectiveness of the new rules and their targets have been largely achieved after almost two years. The influence of creditors asserting their...
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Legal effect and enforcement of judgment
Petriláková, Petra ; Zoulík, František (advisor) ; Smolík, Petr (referee)
The aim of this diploma thesis is to describe the main properties of the legal judgment in a private law - legal effect and enforcement. The focus is on the accurate analysis of the traditional institutions of the private process. It is not examined only from the point of view of the valid legal regulation but also according to the reasoning of the legal theory and from the conclusions of the legal practice. Theoretical interpretation is often supported by practical examples that are used to improve the intelligibility of the thesis and understandability of individual problems. The diploma thesis is mainly focused on the issue of the legal effect of judgment. In relation with that there is explained the essence and purpose of this institution. Legal effect is conceived as the set of the specific properties (impacts), that the judgment acquires when the legal presumptions are fulfilled. There are defined the concepts of the formal and material legal effect including their mutual relation. Attention is also given to the individual impacts of the legal effect as the finality, the immutability and the obligation of the judgment. There is described not only its legal nature but also the specific utterances and consequences of its application. Following interpretation of bounds of the legal effect tries...
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