|
|
Procedural Role of the Insolvency Trustee
Matuška, Dominik ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Procedural Role of the Insolvency Trustee Abstract The subject of this rigorous thesis is the procedural status and role of the insolvency trustee as a sui generis procedural subject appearing in insolvency proceedings, which represents a special type of civil process that is characterized by the collective nature of enforcement and (partial) satisfaction of the debtor's creditors' claims and simultaneous settlement of the debtor's property relations according to the chosen method of bankruptcy resolution. The aim of the thesis, as its title suggests, is not a general description of the insolvency proceedings, however a thorough analysis of the procedural role and duties of the insolvency trustee during the performance of his obligations in insolvency proceedings. I try to achieve the stated goal by interpreting relevant legal regulations, Czech and foreign expert literature, relevant practice of the higher courts of the Czech Republic, and in some parts of the thesis I also provide my own thoughts and opinions on the given issue. The actual text of the thesis consists of an introduction, three main chapters, which are further divided into sub-chapters at several levels, and a conclusion, where the most important findings discussed in the text of the thesis are summarized. In the first chapter, as part of a...
|
|
|
The Position and Application of Claims of the Secured Creditor in Insolvency Proceedings
Matuška, Dominik ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The Position and Application of Claims of the Secured Creditor in Insolvency Proceedings Abstract The topic of this thesis is the position and application of claims of the secured creditor within the special and to some extent independent type of civil court proceedings, which is insolvency proceedings. The object of insolvency proceedings is the bankruptcy or imminent bankruptcy of the debtor and the method of its resolution. It is more than clear, that the creditors who are involved in this proceedings have an interest in ensuring that their claim is satisfied as much as possible. The aim of the paper, as its name itself suggests, is not a general description of the course of insolvency proceedings, but a comprehensive analysis of the position and application of claims of the secured creditors. In the insolvency law, we understand the concept of secured creditor somewhat more narrowly compared to the general substantive law, which is based on the Civil Code. Indeed, the Insolvency Act defines who is deemed to be a secured creditor for the purposes of insolvency proceedings, and this definition does not include all types of security institutes known to us from substantive law. When examining the issue, I proceed from the relevant legal regulations, relevant case law of the higher courts of the Czech...
|
guest ::
