Implementace směrnice o preventivní restrukturalizaci v České republice: Praktická rovina individuálního moratoria a dalších implementačních problémů.

Matoušková, Hana

The Czech Implementation of the Directive on Preventive Restructuring: A Practical Approach to Individual Moratorium and other Implementation Issues. Abstract This thesis addresses the implementation of the Directive on Preventive Restructuring ("Directive") in the Czech Republic, focusing on its practical challenges. The Directive seeks to provide businesses in financial difficulties with robust mechanisms for early restructuring which allow them to avert insolvency, protect jobs, and preserve economic value. In the Czech context, although the introduction of individual moratorium was anticipated by the Directive, its implementation raises critical concerns about creditor protection and fairness of the entire process. The primary aim of this thesis was to identify and analyze the most significant implementation issues associated with implementing individual moratoria. The research combines a detailed legal analysis with a case study of Liberty Ostrava, one of the first instances of the Czech preventive restructuring in practice. The findings reveal significant weaknesses in the current framework. Individual moratoria allow debtors to impose restrictions on creditors without sufficient safeguards, as courts are not required to assess their full impact. In the case of Liberty Ostrava, the use of an...

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