|
|
Insolvency administrator and his position in insolvency proceedings
Karcolová, Kornélia ; Zoulík, František (advisor) ; Zoulík, František (referee)
The subject of the thesis is an analysis of the insolvent administrator of the Institute in accordance with current legislation. The work is divided into 6 chapters: The first chapter with the name of the Institute of the insolvent person/Administrator- discussed sources of legislation and the conditions for the exercise of the functions of the insolvency administrator. The second chapter discussed of the performance of the insolvency administrator, primarily focuses on the provisions of the function. The third chapter defines the concepts of preliminary, separate the insolvent the administrator and guest. The core of the work - the fourth chapter is devoted to the rights and obligations of the insolvent the administrator in the performance of the function, first, in General, then, according to a specific solution. The fifth chapter is named the responsibility of the administrator, which is discussed in the chapter. The final, the sixth chapter is devoted to the remuneration and reimbursement of expenses of the insolvency administrator finished. In the focus is also on the comparison of the new legislation with the regulations referred to in ZKV.
|
|
|
Discharge as one of debt-eliminating modes of solving bankruptcy
Šnoblová, Zuzana ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Discharge as one of debt-eliminating modes of solving bankruptcy Abstract The aim of this thesis is to define the new law institute as regards insolvency law that is defined in the Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Law). The act came into force on 1.st January 2008. The purpose of this thesis is also to describe the practice of courts when applying afore mentioned law and specify some difficulties concerning new legislation. Discharge from debts is one of the remediation methods to resolve the debtor's bankruptcy. The idea is to allow the debtors to exempt from the payment of their debts and start new life free of debt. Discharge from debts is a tool for solving the so-called consumer bankruptcy people who are not entrepreneurs. The part of the thesis deals with the personal scope of discharge. Furthermore, it is up to the court to decide whether it discharges debtors from their debts. The basic premise is the honest intention of the debtor. Another assumption is the fact that the debtor will satisfy at least 30 percent of the claims of unsecured creditors. Discharge from the debts can be secured in two ways. The first way is to liquidate the debtor's estate and the second, is to fulfill monthly payments in five years, the second solution is often preferred by the unsecured...
|
|
|
Position of the creditors in the insolvency proceedings
Bridová, Lenka ; Smolík, Petr (advisor) ; Zoulík, František (referee)
The subject of thesis is "The position of the creditors in the insolvency proceedings". The purpose of my thesis is not only to bring the position of creditors as individuals or as part of the creditor body, but also notice the significant changes which the bankruptcy law was amended. These changes especially strengthened the status of creditors in exercise of claim in insolvency proceedings and in the control of procedure. The thesis is composed of five chapters, each of them are divided to parts, which attend to particular theme. The first chapter is the introduction of its own rules of insolvency law. The second chapter examines the participation of creditors in insolvency proceedings, especially in view of the statutory condition - multiplicity of creditors in the part 2.1. Following the part 2.2 approximates the beginning of the insolvency proceedings then the notice of insolvency proposal. In this chapter also made an excursion to the provisions about the moratorium, which ensures the protection of the debtor. Part 2.3 is concerned with exercise of claims and on the grounds of that with their dividing. Part 2.4 deals with the problem deliberation and negation of claims. The last part 2.5 is address to incidental disputes and incidental action. The third chapter is divided into two parts that...
|
|
|
Reorganization in the new insolvency law with respect to the U.S. insolvency law
Dvořáková, Helena ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Reorganization in the new Czech insolvency law with respect to the US law Summary The purpose of my thesis is to analyse reorganization as an institute of the new Czech insolvency law and its relation to the US insolvency legal regulations. The thesis is composed of 11 main chapters, majority of them relating to the reorganization process and its particular subjects. Chapter One is introductory and defines the purpose of the thesis as well as its limits. The next two chapters give a brief introduction on the insolvency law history in both countries in order to highlight the underlying differencies of both economics. These chapters also addresse the current legal status of insolvency law with emphasis on the recent legislation changes and their relation to economical and social changes. Chapter Four lists the main subjects to the insolvency procedure with emphasis on reorganization and defines basic terminology to enable a better understanding of the reorganization. It is followed by a chapter Five describing the reorganization institute in detail incorporating an outline of relevant Czech case law. Each of the following four chapters represents an important milestone of the reorganization process and is further subdivided in particular stages in order to enable a better understanding of the process as well...
|
|
|
Examination of a witness in civil proceedings
Kejdanová, Barbora ; Smolík, Petr (advisor) ; Zoulík, František (referee)
1 Abstrakt - Examination of a witness in civil proceedings The theme of this thesis is an examination of a witness in civil proceedings. The reason for choosing this theme was the internship at the District Court I had absolved, which allowed me to become more familiar with this topic and to know certain specifics of this means of evidence. Since the examination of a witness is one of the most frequent and used means of evidence, it deserves attention by itself. The thesis is composed of eight chapters. The first chapter deals with history of examination of a witness in the Czech lands, which was significantly influenced by old Roman civil procedure. Medieval civil proceedings in its early stages used in particular official witness provided in written form. In the course of time, the civil proceedings desisted from the official witness and oral testimonies prevailed. An interesting part of this chapter is an excursion into the heart of the oldest Czech legal documents and the view of the literal legislation of testimony. The aim of the following chapter is an overview of basic concepts and principles affecting the process of inquiry and evidence in general, which makes it easier to understand the following chapters, which are already dealing with the current legislation of examination of a witness. Under...
|
|
|
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.
|
|
| |
|
|
Pre-conditions for adjudication of bankruptcy
Brucknerová, Barbora ; Zoulík, František (advisor) ; Smolík, Petr (referee)
Conditions for adjudication of bankruptcy The purpose of my thesis is to analyse conditions for adjudication of bankruptcy. My thesis is composed of nine chapters, each of them dealing with different aspects of the conditions for adjudication bankruptcy. Chapter One is an introduction and defines my motivation for writing about conditions for adjudication of bankruptcy. I have chosen this topic because I'm interested in the issue of insolvency law. In my opinion, this is really an up to date topic, as there are recently more and more people and companies which are in financial trouble. Chapter Two is subdivided into two subchapters. Subchapter One defines the term of bankruptcy and the development of its meaning over the years. Subchapter Two describes the systematic of the Insolvency Act (Act No. 182/2006 Coll. On Insolvency and its Settlement Methods) and explains the classification of bankruptcy within the Act. Chapter Three covers the historical development of the conditions, starting in 1781 with Josephine Bankruptcy Act. It provides a short illustration of the transformation in the conditions for adjudication of bankruptcy over the past years. Chapter Four characterises the conditions for adjudication of bankruptcy and enumerates them. This chapter generally divides the conditions to the substantive...
|
|
|
Evidence in civil proceedings
Klimtová, Alena ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Résumé I chose the topic of evidence in civil legal proceedings as I regard the matter not only as very interesting, but also as very significant from the viewpoint of further specialist work. The production of evidence in civil procedural law includes not only activities by the parties when exercising their subjective rights, but also activities by a court, whose task is to ensure just protection of the rights and legitimate interests of the parties. As evidence in civil legal proceedings is a markedly wide-ranging issue, in this work I have limited myself to an explanation of the basic institutions of evidence in civil legal proceedings and have paid more attention to current questions concerning selected means of evidence, the question of imposing the duty to pay an advance on the costs of evidence in the form of an expert report and the question of the production of evidence through questioning of a minor. In chapter one I attempted an analysis of the term evidence and a specification of the subject of evidence from the viewpoint of its positive and negative definition, i.e., in brief what is and what is not the subject of evidence. I also briefly mentioned the issue of community law in connection with the Czech Republic's membership of the European Union. In this chapter it was also necessary to...
|
|
|
Means of evidence in civil proceedings
Benešová, Berta ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Resume A topic of the thesis presented is a problem of evidences used in the civil procedures. This is a very imporant part of a civil procedure, because evidences are - from a practical point of view - the crucial stage of a procedure. Right by means of evidences the Court may obtain factual and material information serving a base for a meritory decision. This work is aimed to an analysis of the present legislative definition of the various types of evidences, the specific features of them, and a way of an implementation and the following assesment of them made by the Court of Justice. This thesis is divided into six chapters. The first chapter contains a brief definition of a term of the evidence. The second chapter is structuted in more details. This chapter is engaged in a term of an evidence and the types of evidences. It also specifies a fact, what is a subject of an evidence and which facts do not present a fact of evidences. A base of the third chapter is an analysis of a list of the types of demonstrative evidences as it results the actual legistration. It is also engaged in the problem of an inquiry evidence and an acceptibility of it. In a conclusion of this chapter a inquiring duty of a party of the procedure is mentioned as a special case of the inquire evidence. The fourth chapter represents a...
|
guest ::
