National Repository of Grey Literature 425 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Reorganization as an insolvency method in the Czech law with focus on a prepacked reorganization
Kubíčková, Michaela ; Pohl, Tomáš (advisor) ; Holčapek, Tomáš (referee)
Reorganization as an insolvency method in the Czech law with focus on a prepacked reorganization Abstract This thesis deals with one of the insolvency methods in the Czech Republic, a reorganization. Proper definition of a bankruptcy is the crucial and initiatory point of Czech insolvency proceedings. Bankruptcy is defined not only by the introductory provisions of the Insolvency Act, but also by the conclusions of Czech higher courts which are analysed in this thesis. In case that debtor's economic situation overreaches an imaginary bound of bankruptcy the author of this thesis proposes to solve this situation by way of reorganization as a suitable insolvency method. However, not all debtors are eligible to be subject of reorganization. The debtor must be an entrepreneur with an annual net turnover for the last financial year prior to filing for insolvency in the amount of at least CZK 50,000,000 or must have at least 50 employees. The debtor who does not fulfil these criteria may be subject to reorganization at all. The Insolvency Act offers a solution by mean of the prepacked reorganization approved by at least half of all debtor's secured and unsecured creditors. As the title of this thesis suggests, it covers the main attributes of the prepacked form of reorganization, which provides the debtor with a...
Discharge of debt of a natural person
Marková, Alice ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge of debt of a natural person Abstract Inability to repay debts is a long-term problem in the Czech Republic. This problem is exacerbated by the coronavirus epidemic SARS-CoV-2, as a result of which many people have lost their regular income. Especially for natural persons, an attractive solution to their unfavourable financial situation is the institute of discharge of debt. Its aspects are dealt with in this thesis. Through discharge of debt, the debtor can break free of the spiral of debt and return to active economic life. Recently, discharge of debt has undergone significant changes, which were introduced by the so-called Discharge of Debt Amendment and the so-called Lex Covid I and Lex Covid II. The Discharge of Debt Amendment aimed to make the discharge of debt available to a wider group of debtors. Lex Covid I and Lex Covid II were primarily intended to mitigate the adverse economic effects of measures against COVID-19. However, they also introduced permanent changes in the institute of discharge of debt. All these amendments have significantly simplified the conditions for discharge of debt in favour of debtors. However, they are associated with a number of issues that this thesis deals with from a theoretical and practical point of view. In addition, an amendment to the Insolvency Act,...
Judgment debtor's procedural means of defence within the enforcement of judgment
Černá, Edita ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
1 Judgment debtor's procedural means of defence within the enforcement of judgment Abstract The subject of this thesis is the judgment debtor's procedural means of defence within the enforcement of judgment and its goal is to process comprehensively and to examine in detail the applicable legislation, case law and professional publications related to this issue. In addition to the introduction and conclusion the thesis is divided into five main parts, some of which are divided into individual chapters subdivided into individual points where needed. The first part of the thesis is devoted to general interpretation of the enforcement of judgment, including judicial enforcement of judgment and execution. The basic institutes of the enforcement procedure are discussed here as well as the basic principles by which the enforcement proceedings are controlled. In the remaining parts of the thesis the attention is focused on specific procedural means of defence of the judgment debtor within the enforcement of judgment. The second part contains the legal analysis of the procedural means that the judgment debtor can use in his defence during the enforcement proceedings. The individual chapters of this part deal with the objection of local jurisdiction of the court of judicial enforcement of the judgment, the objection...
The status and particularities of a bill of exchange proceeding
Rýdlová, Aneta ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
The Status and Particularities of a Bill of Exchange Proceeding Abstract The thesis deals with a bill of exchange proceedings as a specific kind of civil procedure. This specific kind of proceedings is used for making a claim to a bill of exchange by its owner. The first chapter contains a definition of the character and purpose of the bill of exchange proceedings. The second chapter defines one of the general conditions of the procedure - jurisdiction. The second part of this chapter defines the preconditions for issuing a specific kind of judgement in the bill of exchange proceedings, the order for payment. The third chapter contains a definition of standing and a specific group of litigants in the bill of exchange relation followed by the party dispositions of the claimants for changes in the party to the proceedings. The fourth chapter deals with the party dispositions of the claimants for changes in the object of the proceedings. This chapter also includes the determination of the relevant point in time for issuing the order for payment in a bill of exchange proceedings. The fifth and sixth chapters contain two specific components of the bill of exchange proceedings, namely special kind of appeal known as objections and the concentration of proceedings. There are also mentioned the objection to set-off...
Liquidation of the inheritance in Czech and Austrian legislation
Gadasová, Simona ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
59 Liquidation of the inheritance in Czech and Austrian legislation This diploma thesis is focused on the over-indebtedness of the estate in two countries, namely in the Czech Republic and in the Republic of Austria. Its main goal is to analyse the current situation, compare the differences between the two countries and point out the problems of current legislation. In this thesis, there was mostly used descriptive method, in combination with the comparative method. The Austrian legislation was chosen for comparison because of the history that unites the two countries. Austria-Hungary, of which both countries were part, provided the basis for the current standards of both countries. The text of the diploma thesis itself is divided into two main parts. The first of them is focused on legislation in our territory. At the beginning, the reader is acquainted with the development of legislation, which ends with the currently valid laws. Furthermore, the estate proceeding is described, thus its process, the main institutes and the position of the notary as a court commissioner. Then, the assumptions under which the liquidation of the inheritance is ordered are analysed and also its influence on further proceedings. There i also analysis of the procedure of comparison of assets and liabilities, the methods of...
Civil Procedure and Consumer
Málek, Radek ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Civil Procedure and Consumer Abstract This rigorous thesis deals with the topic of private law procedure in relation to the consumer and especially the exercise of his rights. The current state of legislation in this area is highly stratified and multilevel. In addition to the traditional possibility of claiming the individual rights through private litigation before a civil court, dispute resolution methods are also gaining prominence in the field of consumer law due to request for enhanced enforcement of highly harmonized substantive law, which should provide better access to justice and consumer rights also through effective access to the state authorities that would judge such disputes. In connection with a significant amendment to the Consumer Protection Act, specialized procedural protection of consumer rights was institutionalized through the introduction of so-called alternative dispute resolution methods, which are divided among several bodies having jurisdiction and competence in a particular dispute, either to make a binding decision or lead parties to reconciliation or conclusion of a private law agreement. In addition to this relatively new legal regulation of alternative dispute resolution for consumer disputes, the traditional method of dispute resolution in arbitration proceedings also...
Filing claims in insolvency proceedings
Dvořáková, Tereza ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Filing claims in insolvency proceedings Abstract The topic of this master's thesis is the issue of filing claims in the Czech insolvency proceedings, especially the lodging of claims but also other ways of filing claims. Furthermore, the thesis deals with the legal regulation of lodging claims in European insolvency law. Finally, the subject of the thesis is the evaluation of the position of creditors and debtors in insolvency proceedings with a detail on discharge of debt. The aim of this thesis is to comprehensively elaborate on the issue using the Czech legislation and the European Union legislation. To deepen the legal analysis of the filing of claims the author uses already established court practice and other case law conclusions of higher courts, as well as professional literature. In addition to the descriptive method of defining the issue, the author also applies her own evaluating conclusions and considerations and uses the experience gained from her insolvency practice. The author describes the system of lodging claims including the analysis of the deadline for lodging claims and disputes arising from this regulation and further deals in detail with the lodgement form, its submission and the creditor's responsibility for the correctness of the lodgement. The author characterizes specially...
Common debt discharge procedure of spouses
Hokrová, Dana ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Joint Debt Relief of Spouses Mgr. Dana Hokrová Abstract This rigorous thesis deals with the issue of joint debt relief of spouses, which undoubtedly forms art of the current topics of bankruptcy law. The rigorous thesis is conceived as a comprehensive treatise on the debt relief of spouses from 2008 to the present. The thesis is arranged chronologically according to the development of the legal provisions of the Insolvency Act with a focus on the most important amendments to Act No. 182/2006 Coll., the Insolvency Act. The first chapter presents insolvency proceedings in general, including individual ways of resolving the debtor's bankruptcy. The next chapters deal with the debt relief of physical persons. Joint debt relief for spouses is a segment of the broad concept of debt relief and therefore cannot be separated from the topic of debt relief. The second chapter deals with the beginning of joint debt relief for spouses in the years 2009 to 2013, when this institute was known only by case law advocacy. An essential part of this chapter is the presentation of different decision-making practices of insolvency courts in several specific cases. The third chapter discusses in detail the revision amendment to the Insolvency Act, in effect since 1 January 2014, which regulated the joint debt relief of spouses at...
Invalidity of Arbitration Clauses - Development of Case Law and Practikal Implications
Číhal, Jan ; Pohl, Tomáš (referee)
This diploma thesis mostly analyses case law, concerning invalidity of arbitration clauses. The thesis analyses how the courts have been dealing with key arbitration issues which arose in recent years. The diploma thesis defines common reasons for arbitration clauses' invalidity and points out the current case law's conclusions. The thesis also stresses the implications of arbitration clause's invalidity on enforcement and insolvency proceedings and points out problematical aspects of the current case law.
Arbitration
Čeladník, Filip ; Pohl, Tomáš (referee)
1 The purpose of this thesis is to discuss the main aspects of the Czech legal regulation of the arbitration proceeding under the view of the particular Western European national and international legal orders. By doing so, the author strives for critical review of the arbitration proceeding as per the Czech legal order under the worldwide perspectives and with the prism of modern Western European and world legal theory of the arbitration proceeding. The intention of such research is to determine if the contemporary Czech legal regulation of the arbitration proceeding is in conformity with the modern theory and practice of the arbitration proceeding. This thesis also aims to answer a question whether the Czech courts shall have the right to review the application of law by the arbitrators. The author is seeking to answer this question by comparing the the Czech, or rather Continental system of law with the law of England and Wales.

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