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Insolvency proceedings in terms of periods and time limits
Douda, Jiří ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This diploma thesis deals with insolvency proceedings in terms of periods and time limits. The main objective of this thesis is to verify two hypotheses stated in the introduction. Author concentrates on the meaning of the periods and time limit since the ages of Roman law. Author is also paying attention to detailed analysis of law n. 182/2006 Sb., about bankruptcy and ways of its solutions (hereinafter insolvency law), as subsequently amended, which obtain treatises about the period or time limits. Author also evaluates the benefit of the insolvency law amendments, which will become effective in summer of 2017, and he will also propose law amendment de lege ferenda including possible impacts, which can be brought by this amendment, in the conclusion.
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Reorganization of the VÁHOSTAV – SK, a. s.
Pucci, Michael ; Schönfeld, Jaroslav (advisor) ; Smrčka, Luboš (referee)
The main objective of this work is to clarify and define causes, which led to decline of the Váhostav - SK, a. s., review completed reorganization of the company and give overall look on the reorganization possibilities in Slovakia, compared to the possibilities of reorganization in Czech Republic. The work is divided into theoretical and practical part. The theoretical part contains a brief look on the Bankruptcy and Restructuring Act in Slovakia, with the main focus being on the restructuring process. The practical part is divided into two parts, first one describes restructuring of Váhostav - SK, a. s. The second part contains a critical view on the Slovak Bankruptcy and Restructuring Act, which is compared to the Czech Insolvency Act, where the main focus is still on the process of reorganization.
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The Amendment to the Insolvency Act (Focused on Personal Bankruptcy)
Černohorská, Lucie ; Angelovská, Olga (advisor) ; Ochrana, František (referee)
This diploma thesis deals with the current amendment of the Insolvency Act. It was written by the Ministry of Justice of the Czech Republic. There is introduce the current amendment focuses on personal bankuptcy. The thesis introduces the legislative process of this amendment. For the identification of the actors was used the theory of advocacy coalitions. It shows their conflict of opinions. Two very different coalitions were defined in this problem amendment of Insolvency Act. Based on expert interviews were identified weaknesses of personal bankruptcy and devided into several groups. The study works with the concept of social stratification. It is used to ilustrate quantitative analysis. It contains the research sample of 91 and it completed insolvency proceedings (personal bankruptcy with repayment schedule). The sample were chosen from the relevant courts in Prague, Liberec region and Ústí nad Labem region. The results have been compared in the context of each area and as a whole sample.
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Payment and security function of bills of exchange and cheques
Rác, David ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
A bill of Exchange was originally used as payment instrument. Recently, it is mostly used as securing instrument. This purpose was mainly evolved by legal practice and its legislation could be problematic and unclear for laymen. The main aim of this thesis is to analyze a bill of exchange as a securing instrument. Further attention is paid to the function of payment. However, the bill of exchange and check are both regulated in identical law, so to some of its institutes I also describe a checks. The main attention of my thesis is devoted to the securing purpose of the bill of exchange. There I describe the specifics of this instrument in the comparison of other civil securing instruments. Due to this contrast, it can be said, that the bill of exchange gives the creditor some significant advantage on one hand, but finds some insuperable limits on the other hand. My thesis is divided into five chapters. The first chapter describes the historical development of bills of exchange and check, and the circumstances under which these institutions were created. The second chapter deals with the exchange and check law, their rules, the systematic inclusion of this branch of law and the basic peculiarities are defined. The third chapter is devoted to a general definition of the bill of exchange, describes...
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Creditors in insolvency proceedings
Fiedlerová, Dana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of my thesis is the study of creditor status during insolvency proceedings. My objective is to provide a description of the current legal regulations of creditors and their receivables in insolvency proceedings with a focus on specific problems that may arise during the process of the collection of receivables during insolvency proceedings. I also refer to various principal court decisions dealing with these issues. The aim of this thesis is not to present a comprehensive description of all creditor related issues, but to provide a general summary of the relevant processes and to present the most common practical problems and their solutions.
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Creditors and make claims in insolvency proceedings
Kociánová, Barbora ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The aim of rigorosum thesis is to give an analysis of the various institutes of insolvency law with a focus on the creditor and the procedural steps in the insolvency proceedings, accompanied by a comparison method, case law, the views presented in technical writing, knowledge of practical life creditors and critical evaluation of problematic issues applicable legislation. The result of the work should be comprehensive methodology of conducting the creditors during the insolvency proceedings, from its opening to the moment when the insolvency proceedings on procedural grounds built for sure that the creditor's receivable is determined and the lender will be satisfied with any of the bankruptcy. The work is divided into seven chapters, each chapter reflects significant legal field relating to creditors and their claims. The introductory part is rather theoretical focus, especially on the subject of insolvency proceedings, bankruptcy legislation and its development rights, the principles on which the insolvency proceedings is, definition of debt as contract law and a person lender. Another chapter discusses the course of bankruptcy proceedings, from its launch until the bankruptcy court decides whether the debtor's bankruptcy or not qualified. Among other things, the chapter also explains the meaning of...
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Insolvency proceedings and their application in practice
Arnold, Edita ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
In this work, I have focused on solving problems of analysis of the debtor's bankruptcy in the Czech Republic in terms of its practical application. I interpreted the relevant provisions of the Insolvency Act relating to the issue of insolvency proceedings, and I tried to explain some of the problems that have occurred in connection with the application of the insolvency law. Work is conceived so as to explain the issue of resolving insolvency of the debtor in general. Individual chapters provide a general interpretation of the issue, both in terms of the Insolvency Court, which decides on insolvency proposals from the perspective of the legislature, trustee in bankruptcy, the creditor and the debtor. Given the scope of this study was important to examine the individual sub- problems of certain statutory provisions in detail. However, where they have been in practice for common problems and where there was confusion, there was given to wider attention to this issue. The work is complemented about judicial decisions, where are application problems practically interpreted.
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Insolvency proceeding from secured creditor point of view
Chovanec, Ondřej ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This thesis deals with insolvence proceedings from secured creditor point of view. Opening chapter is devoted to historic development of bankruptcy law. Main part of this thesis describes insolvency proceedings from insolvency petition to logdement of claim to monetary satisfaction of secured creditor's claim. Closing chapter deals with bankruptcy law de lege ferenda. Focus is set on practical issues occuring in praxis.
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