|
|
Practical specifics of debt relief
Pícha, Marek ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
English abstract Practical specifics of debt relief The topic of this rigorosum thesis is Practical specifics of debt relief. The rigorous thesis is focused on specific situations and cases of debt relief, which is relatively still a new phenomenon of insolvency law. The aim of the thesis is to focus on solving and analyzing specific and in practice specific issues. The possibility of debt relief is one of the parts of insolvency law and the insolvency law can be included in the civil law. The purpose of the insolvency law is to resolve the debt situation of the debtor in order to resolve his property relations to all the persons affected by this bankruptcy situation. Insolvency proceedings are based on the highest and at the same time proportionate satisfaction of the debtor's creditors. According to insolvency law the debt situation of debtor can be solved in three ways. As the first method, the insolvency law offers bankruptcy, which is based on the payment of debts on the sale of all the debtor's assets. including his wages. Another way is the reorganization, which is intended for companies that continue to run the business during whole insolvency proceedings and their debts are paid in stages. The last way is debt relief. In debt relief the debtor can pay only part of his debts. If the debtor complies...
|
|
|
Debt Relief and Growth: A Study of the HIPC Initiative
Kutman, Jan ; Cahlík, Tomáš (advisor) ; Pleticha, Petr (referee)
Debt relief is a form of development aid that began to gain importance in the last decade of the 20th century. In 1996 the World Bank and the IMF jointly launched the Heavily Indebted Poor Countries (HIPC) initiative, a comprehensive and structured program designed to provide debt relief for eligible low-income countries. The purpose of my thesis is to investigate, whether debt relief for developing countries over the period 1996-2015 affected economic growth in the recipient countries with particular attention being paid to the HIPC countries. I also investigate whether the impact of debt relief on growth varies conditional on institutional quality. I find that the low-income countries on average did not benefit from debt relief. However, I find that debt forgiveness has enhanced the growth rates in the countries in the HIPC initiative. Based on the results of my regression analysis I did not find evidence that the effectivity of debt relief in either group of countries depends on institutional quality.
|
|
|
Chosen juridical aspects of position debtor in insolvency proceedings
RUDOLFOVÁ, Vladimíra
The thesis consists of a brief introduction to this topic and of a theoretical and practical part. The theoretical part discusses general terms (part 2), i.e. subject-matter, failure, subject-matter and territorial jurisdiction, procedural entities, failure hearing and ruling, a debtor's insolvency petition as well as the individual ways of handling a debtor's failure. The part concerning the ways of handling failure through bankruptcy (part 3) discusses the effects of a bankruptcy declaration on in-progress proceedings, the monetarisation of assets, bankruptcy cancelation and the effects of a bankruptcy declaration on the community property of spouses. Part 4 discusses other ways of handling failure, i.e. reorganisation. This part includes court jurisprudence of problematic cases, which concerns the current legal regulations. Part 5 discusses the latest and currently most used way of handling a debtor's failure, i.e. debt relief. The practical part shows a debtor's accounting of a specific accounting case that concerns a debtor's failure through bankruptcy and contains an individual's debt relief petition and a debtor's (business company's) insolvency petition for bankruptcy declaration. The end of the thesis summarises this issue and points out the importance of having basic knowledge of this issue for individuals and legal entities.
|
|
|
Debt relief in the perspective of the upcoming changes
Kuranava, Nastassia ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
The bachelor thesis deals with the upcoming amendments to the legal regulation of the debt relief procedure in the Czech Republic. The Amendment Act no. 64/2017 Coll., which revises Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), so called Accreditation Amendment, has recently been adopted. It will come into force on the July 1, 2017. The Government also submitted the draft amendment to the Insolvency Act, so called debt relieving, to the Chamber of Deputies (Parliamentary print no. 1030/0). The aim of this thesis is to evaluate the newly adopted and recently proposed legislation. The first two chapters provide the essential introduction to the topic of the insolvency proceedings and the debt relief analyzing the current legal regulation of these institutes. The third key chapter is focused on the analysis of newly introduced legislation and the draft amendment which has been proposed. It also analyzes its possible impact.
|
|
|
Abuse of the insolvency proceeding and defense against it
Toula Bergelová, Linda ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Title: Abuse of the insolvency proceeding and defense against it Abstract: The thesis deals with the abuse of the insolvency proceeding and tools how to defend against jt. In the introduction part of the thesis are described basic principles and concepts of bankruptcy law, the purpose of the insolvency proceeding and its effect. The core of the whole thesis is in the chapter 2 & 3. The chapter 2 deals with the abuse of the insolvency proceeding by the entities which are not the debtor. I was focused mostly on the unreasonable insolvency proposals by the creditors and on the existing specific tools which can be used to limit these kinds of proposal. The same chapter is also touching other cases of the abuse of the running insolvency proceeding by the entities which are not the debtor. At the end of this chapters are described the possible and currently proposed tools how to avoid the abuse of the insolvency proceeding. The chapter 3 deals with the abuse of the insolvency proceeding by the debtor. Because this topic is very complex and there are described just the most common way how the debtor abuses bankruptcy law and as well the possible methods, that are able to limit the possibility to abuse the law by debtor. First, there are briefly described two general phenomena linked to the insolvency process....
|
|
|
Discharge of spouses from debts
Singerová, Markéta ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
On the 1st of January 2008, Act. No. 182/2006 Coll. on Bankruptcy and its Settlement Method (Insolvency Act), came into force, and serves as the current bankruptcy legislation in the Czech Republic. This act introduced a new institute to Czech law, the institute of debt relief, the only remedial way of resolving bankruptcy. This thesis is focused on the detailed analysis of the institute of debt relief, mainly on the joint debt relief of spouses that was introduced to Czech Law by the established practice of the court instead of legislation. The main objective of this thesis is to describe the institute of joint debt relief of spouses which will be preceded by a general introduction to the statutory regulation of debt relief. This thesis consists of six chapters; the first one depicts the most important historical milestones of the evolution of bankruptcy law in the Czech Republic up until the adoption of the aforementioned Insolvency Act, which is still valid and effective to this date. The next chapter analyses the most important condition for insolvency proceedings in the author's opinion, which is the debtor's insolvency and its establishment by the insolvency court, followed by the third chapter that concisely and clearly summarizes all possible options to resolve the insolvency under the...
|
|
|
Insolvency proceedings and their application in practice
Arnold, Edita ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
In this work, I have focused on solving problems of analysis of the debtor's bankruptcy in the Czech Republic in terms of its practical application. I interpreted the relevant provisions of the Insolvency Act relating to the issue of insolvency proceedings, and I tried to explain some of the problems that have occurred in connection with the application of the insolvency law. Work is conceived so as to explain the issue of resolving insolvency of the debtor in general. Individual chapters provide a general interpretation of the issue, both in terms of the Insolvency Court, which decides on insolvency proposals from the perspective of the legislature, trustee in bankruptcy, the creditor and the debtor. Given the scope of this study was important to examine the individual sub- problems of certain statutory provisions in detail. However, where they have been in practice for common problems and where there was confusion, there was given to wider attention to this issue. The work is complemented about judicial decisions, where are application problems practically interpreted.
|
|
|
Social Context of Personal Bankruptcy Debtors in the Central Region
Fialová, Dana ; Pazlarová, Hana (advisor) ; Šťastná, Jaroslava (referee)
Major aim of this bachelor thesis is to discuss the issue of debtors that apply for personal bankruptcy. Region wise will this paper cover the Central Bohemian region and the debtors living in this area. Theoretical part explains the main theories and processes that are crucial for understanding the issue of insolvency. Further will be introduced the insolvency law; and the reasons and factors that lead to a personal indebtedness and a personal bankruptcy. The practical part focuses on debtors from the Central Bohemian Region and provides thorough characteristics of these debtors. Several case studies will be presented, in order to demonstrate the reasons for indebtedness and to depict the insolvency process on the real cases. KEYWORDS: Personal bankruptcy, Debt relief, Debtor, Debt, Obligation, Creditor, Over-indebtedness, Bankruptcy, Financial literacy
|
|
|
Social Impact of the Inability to Repay Debts to the Lives of Seniors
LEJTNAROVÁ, Michaela
The bachelor thesis deals with the issue of debt and its impact on the seniors´ daily lives. In my bachelor thesis I defined and then examined the following research questions: 1. Do seniors with families and higher education get into debt less often than seniors who do not have a family and have primary or secondary education? 2. Does the debt situation affect women more often than men? 3. What are the most common causes of the debt situation for seniors? The theoretical part of the thesis describes the current situation. It also explains the basic concepts of the given issue in the area of financial literacy and indebtedness. It deals with the causes, consequences and possible ways of solving it. The aim of the thesis is to point out the given issue and show possible ways to the seniors to get out of the debts. For the research part the secondary analysis of the data obtained by qualitative research was chosen. The research was performed by a semi-structured interview with a sample of women and men aged over 60. The interviews were made in response to the contact received from the Regional Office Příbram of the Czech Republic Labour Office - the Contact Point Mělník. Research has shown that: - seniors with no partners and primary education are more likely to face debt problems; - the most common debtors are men; - the most frequent reason for debt are previously unpaid receivables. The expected contribution to practice is to map out the issues and risks of senior citizens' indebtedness and prevent it.
|
|
|
Does development aid harm?
Hanáková, Eva ; Vostrovská, Zdenka (advisor) ; Procházka, Pavel (referee)
A model of development aid, which has been known for more than 50 years is clearly ineffective in Sub-Saharan Africa. This is because such assistance demonstrably negatively affects local governments and strongly contributes to the proliferation of corruption and deterioration of the elements od democracy. The theory of the vicious circle of poverty as one of the main arguments of the proponents of this aid is refuted in the thesis and replaced by the theory of the vicious circle of political instability, which is associated with that governments and their policies. It is necessary tu support a citizens' initiative, which will seek the establishment of democratic institutions, not governments, which are responsible for poverty of their country. Development aid is not the only thing that harms poor countries. Less visible, but with a strong negative effect there are protectionist measures in the form of non-tariff barriers, the Common Agricultural Policy of the EU and its export subsidies, or debt relief of bad governemtns. The failure of these policies are so fundamental that the best advice would probably be to end the government subsidies for poor countries and a focus on small development projects helping specific people, instead of grand plans and aid volumes sounding into space.
|
guest ::
