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The Bankruptcy Detection in Insolvency Proceedings in the Czech Republic
Havlovicová, Eliška ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The Bankruptcy Detection in Insolvency Proceedings in the Czech Republic Abstract This rigorosum thesis presents a detailed interpretation of the term "bankruptcy" and its detection in insolvency proceedings in the Czech Republic. Detection of bankruptcy is considered to be the initial phase in the insolvency proceeding and is, in fact, identical for all insolvency proceedings. Despite common lack of attention, it is indeed a crucial stage since without proper hearing about bankruptcy and its adjudication one cannot continue in the insolvency proceeding. Eventually, the whole proceeding is encumbered with defect. Therefore, this thesis aims at introducing complex analysis of the first phase of each insolvency proceeding. This study first examines the term 'bankruptcy', both in the form of equity insolvency and balance-sheet insolvency. It lays particular emphasis on the latest amendment of act which came into effect in the second half of 2017 and which significantly adjusted definition of bankruptcy. This section also discusses imminent bankruptcy and conditions of its detection. Next chapter addresses the commencement of the insolvency proceeding and its impacts as well as all necessary requirements and appendixes of the insolvency petition. This paper distinguishes between insolvency petition filed by the...
Assets in the insolvency proceeding
Marek, David ; Smolík, Petr (referee)
The thesis focuses on the concept of assets, which represents one of the most basic and most important notions of the insolvency law. Assets within the meaning of the Insolvency Act are intended to satisfy the debtor's creditors. The correct finding and recording of the relevant assets and the and the following stages of the insolvency proceedings have a crucial impact on the level of satisfaction that will be given to the debtor's creditors. Step by step, the present thesis introduces to the reader the legal regulation of the most important legal terms related to the insolvency assets. Starting with the definition of the term assets to the inventory phase, where the relevant assets are recorded. In the context of this phase, the thesis addresses the duty of co-operation by the debtor in the insolvency proceedings. The thesis continues to deal with the inventory of the insolvency assets, including the asset valuation. Not even the description of the possibilities of defending the wrong classification of the property in the inventory of assets is missing. The next chapter, in turn, deals with the handling and management of insolvency assets by the insolvency administrator. The last chapter focuses on possible ways of monetizing assets, whereby the different ways are compared to each other and the...
Reasoning in the judgement as a part of the right to a fair trial
Ludva, Vít ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
Reasoning in the judgement as a part of the right to a fair trial Abstract This thesis concerns the topic of legal reasoning in the judgements of civil law. As the issue of civil judgements is very broad, the thesis is focused only at reasoning in the judgements being issued in civil disputes, only in the form of judgments and resolutions (both on merits or not). For the same reason, the thesis is limited by the fact that it focuses exclusively on the reasoning of those judgements, which are issued only by the courts of first instance and the courts of appeal. The main focus of the thesis is therefore the legislation of reasoning in the judgement and resolution enshrined in the Code of Civil Procedure. Where appropriate, legislation de lege lata is compared with the possible future legislation of the civil process, which is currently presented in the draft law. Furthermore, it should be noted that the current legislation is supplemented by conclusions resulting from the case law of the Constitutional Court, the Supreme Court and the European Court for human rights. Last but not least, the whole topic of the reasoning in the judgements is set in the context of the right to a fair trial, because the right to justify the judgement is a significant part of it. In Introduction I explain my motivation, which led...
Arbitration clauses in cunsumer affairs with impact on execution proceeding
Nováková, Michaela ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Arbitration clauses in cunsumer affairs with impact on execution proceeding Abstract Arbitration is one of the forms of alternative dispute resolution. The arbitration institute is not a novice in the area of law. Its foundations can be seen from ancient times. However, today's legal regulation of arbitration can be observed since the first half of the 19th century. The essence of the arbitration procedure is to delegate the hearing and decision-making of certain disputes to the jurisdiction of the courts, to the arbitrator. The arbitrator then issues an arbitration award, which may be relied upon in the proceedings in which he was issued as an enforcement or enforceable title. In the legal order of the Czech Republic we find the primary regulation of the arbitration procedure in Act No. 216/1994 Sb. By passing this Act, the arbitration procedure was extended to national disputes. As a result of arbitration proceedings, disputes arising from consumer contracts could also be resolved. However, the method of resolving disputes between consumers and entrepreneurs has proved to be a widely used institute, even when overused and misused. The situation was so extreme that the lawmaker had to come up with a bill amendment to strengthen consumer protection in arbitration. Not only the legislative power, but also...
Discharge of debtor as a method of resolving bankruptcy of a natural person
Rampová, Pavlína ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Abstract The main aim of this master thesis is to summarise legislation in force concerning the debt discharge of natural persons as one of the methods of resolving bankruptcy, to appraise this legislation and to discuss its possible future development. In introductory chapters of the thesis, the author defines the concept of bankruptcy, initiation of insolvency proceedings and its effects. Subsequently, thesis deals with a discharge of natural persons and concentrates on discharge proceedings as a whole - from a discharge permission and approval, decision concerning the mode of discharge, to successful termination of discharge proceedings where the debtor is discharged, free of debt. Thesis analyses the prerequisites of discharge permissibility, defines subjects actively legitimated to file a discharge application and furthermore, it lists possible forms of discharge and summarise the particularities of joint discharge of spouses. Equally, this thesis describes the specific legal issues caused by the application of provisions of the Insolvency Act which have not been sufficiently adapted yet and by the lack of their uniform judicial interpretation. This master thesis reflects the pro-debtor development of discharge in the Czech insolvency law and draws attention to the changes in insolvency legislation...
Proceedings in matrimonial cases
Schopp, Michaela ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
My master thesis is dedicated to proceedings in matrimonial cases - namely proceedings of marriage authorization and status matrimonial case proceedings. However, the main focus of my thesis is dedicated to divorce proceedings mainly because it is the most frequent proceeding from all in matrimonial cases and also because divorce represents a social phenomenon of current society. The whole thesis is composed of three main segments along with an introduction and conclusion. The first segment of my thesis classifies proceedings in matrimonial cases in accordance with legal taxonomy as a part of uncontested proceedings. Then further describes the reason of division of uncontested proceedings from the Code of Civil Procedure and also relation between the Code of Civil Proceedings and the Act of Special Court Proceedings. The following chapter engages in proceedings in matrimonial cases at first generally, then introduces the institute of marriage itself, follows enumeration on all types of matrimonial proceeding, analyses them and compares their differences and resemblances. Nevertheless divorce procedure is described in detail in the next segment of my thesis. A separate part is dedicated to the divorce of marriage which consists of several chapters including divorce from sociological point of view,...
Discharge - as one of modes of resolving insolvency
Klempířová, Aneta ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Discharge - as one of modes of resolving insolvency The subject matter of this master thesis is the institute of discharge of debts, with an emphasis on its rehabilitative nature. A certain degree of indebtedness of the population is currently a social standard and many consumers are falling into the so-called debt trap. This is the reason why the institute of discharge of debts has become the forefront of interest. Discharge allows a debtor to solve impending or already existing bankruptcy and his/her return to normal economic life with a clean sheet. In its seven chapters, the thesis classifies discharge in the system of insolvency law and chronologically deals with insolvency proceedings from the petition to declare bankruptcy and the motion to permit the discharge until its termination from the point of view of debtors as well as creditors. Besides defining alternative ways of resolving insolvency, basic subjects of insolvency proceedings and their possible intervention in the process; the thesis focuses on the subjective and objective admissibility of discharge. Furthermore, the thesis examines the choice of the appropriate method of discharge, namely realisation of bankrupt's estate, fulfilment of the instalment plan or combination of these methods; and conditions for successful completion of...
Instruments of protection against fraudulent insolvency petitions
Růžičková, Lucie ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
This thesis aims to provide a summary overview of instruments of Czech law preventing insolvency petitions of being misused by the creditors and to asses, whether the current legislation provides sufficient protection for borrowers against fraudulent insolvency petitions and on the contrary, whether it does not disproportionately restrict the rights of creditors eligible to enforce their claims towards the borrower in bankruptcy. After the first chapter which defines the basic terms and concepts of the insolvency law, which are used further in the thesis, follows a chapter defining the term "fraudulent insolvency petition" itself and the common motivations of the creditors thereto. The third chapter analyses the particular instruments of private law suitable to provide protection against fraudulent insolvency petitions. The main part of this thesis is contained in the first part of this chapter, which describes the particular instruments of the Insolvency Act providing for protection of borrowers against fraudulent insolvency petitions. The following part of this chapter describes other instruments of private law that might be alternatively used against the fraudulent insolvency petitions. The fourth chapter then describes the criminal law consequences of the fraudulent insolvency petitions. In the...
Conciliation proceedings in civil procedure
Lakron, David ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Conciliation proceedings known as special type of civil procedure does not get too much attention. This problem can be seen from many perspectives. This diploma thesis strives to clarify nature of conciliation proceedings, showing its course and benefits. It tries to offer more comrehensive interpretation of it to non-professionals. All this to support the usage of conciliation proceedings. This actual problem underlines the effort of the legislator to support mediation to the prejudice of conciliation proceedings. Thus this thesis focuses on links between conciliation proceedings and mediation with comparison to benefits and disadvantages of both institutes. From this can be shown an increasing downfall of conciliation proceedings with absence to find support for more usage of this type of conciliatory resolution of dispute. This thesis not only focuses on clarification of nature of conciliation proceedings, it also tries to explain in which conciliation proceedings stands out and how it can help to solve disputes in conciliatory way, which can be seen like a good solution in many situations. At the same time this theses strives to give more coherent perspective on this institute of civil procedural law with drawing attention to course of conciliation proceedings based on practical part. Therefore...
Proceedings in matrimonial cases
Schopp, Michaela ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
My master thesis is dedicated to proceedings in matrimonial cases - namely proceedings of marriage authorization and status matrimonial case proceedings. However, the main focus of my thesis is dedicated to divorce proceedings mainly because it is the most frequent proceeding from all in matrimonial cases and also because divorce represents a social phenomenon of current society. The whole thesis is composed of three main segments along with an introduction and conclusion. The first segment of my thesis classifies proceedings in matrimonial cases in accordance with legal taxonomy as a part of uncontested proceedings. Then further describes the reason of division of uncontested proceedings from the Code of Civil Procedure and also relation between the Code of Civil Proceedings and the Act of Special Court Proceedings. The following chapter engages in proceedings in matrimonial cases at first generally, then introduces the institute of marriage itself, follows enumeration on all types of matrimonial proceeding, analyses them and compares their differences and resemblances. Nevertheless divorce procedure is described in detail in the next segment of my thesis. A separate part is dedicated to the divorce of marriage which consists of several chapters including divorce from sociological point of view,...

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2 Smolík, Pavel
1 Smolík, Peter
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