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Insolvency delicts under the Business Corporations Act
Kuta, Petr ; Hurychová, Klára (advisor) ; Eichlerová, Kateřina (referee)
Insolvency delicts under the Business Corporations Act Abstract The thesis deals with the very up-to-date topic of insolvency delicts under the Business Corporations Act, the legal regulation of which has undergone fundamental conceptual changes in recent years. The amendment of Business Corporations Act (the "amendment")1 brought a completely new form of the actus reus of the insolvency delict, which unified the previously disparate and unjustifiably differentiated legislation. In this context, the procedural aspect of the legislation has also been redesigned by introducing joint proceedings on insolvency delicts, which are now a part of the insolvency proceedings. Additionally, the regulation of insolvency sanctions as liability consequences for the commission of a insolvency delict has also been clarified, with the former sanction of liability for the debts of a bankrupt business corporation being completely replaced by a whole new concept of "liability for lack of property" inspired by French law. These changes to the legislation are set out in the context of the objectives pursued by the amendment and in the light of the general meaning and purpose of the legislation, which is, in particular, to protect the property interests of the creditors of the bankrupt business corporation. The interpretation is...
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