|
|
The Umbrella Clause in investment disputes
Šindelář, Jakub ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
"Umbrella Clause" in investment disputes The diploma thesis deals with the topic of the so-called umbrella clause, a provision that can be often encountered in the bilateral investment treaties. The aim of the thesis is to identify and assess individual interpretation issues that are faced by the arbitration tribunals when applying this provision. The thesis is composed from two main parts, theoretical one and analytical one. Each part is further divided into two separate chapters. First chapter familiarizes a reader with the basic instruments of international investment law, the bilateral investment treaties and investment contracts. The umbrella clause issue is closely intertwined with the topic of internationalization of investment contract, which is also discussed within this chapter. The second chapter provides basic introduction to the examined legal institution. Besides determining characteristic features of the umbrella clause and basic variations of its wording, the chapter also focuses on presence of this provision in contemporary sources of international investment law. In this regard, detailed analysis of the Czech bilateral investment treaties is presented. Last but not least, the attention is paid to the historical context of the issue. The detailed analysis of the International...
|
|
|
The Role of Debt in an Insolvency Proceeding
Perničková, Barbora ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The Role of Debt in an Insolvency Proceeding Abstract The thesis aim's to analyze the process of claims in a broader sense: from the filing of the claim, through its review by the insolvency court and the insolvency administrator, to (in the most ideal case) the satisfaction of creditors. The thesis deals with the issues of the claims process and the claims themselves. The analysis of the topic is based mainly on the applicable legislation, current case law, the opinions of professionals in professional articles, and a questionnaire survey. Insolvency law is an essential part of the legal system as it reflects the current economic state of modern society. The topic is topical because the field of insolvency law is constantly being amended, one of the sources of these amendments being changes in social conditions. The legislator aims to make the institution of debt settlement available to a wider range of debtors through amendments to the Insolvency Act and thus reintegrate them into economic life as soon as possible. The thesis is divided into four chapters. The first chapter deals with the description of individual types of claims and their breakdown. The remaining chapters follow the claims process. The second chapter describes the application of claims, including the form and requirements of a claim...
|
|
|
Registration and Satisfaction of Secured Claims in Bankruptcy
Kučera, David ; Sedláček, Miroslav (referee)
This diploma thesis deals with an issue of secured claims in an insolvency proceeding, focusing mainly on secured claims in the process of resolving debtor's insolvency by bankruptcy. The aim of the thesis is an analysis of registration and satisfaction of secured claims, i.e. claims that are associated with the right to the satisfaction from the collateral, taking into account the relevant case law of higher courts. The thesis also includes parsing of selected problematic legal issues, including de lege ferenda recommendations for its solution.
|
|
|
Design of Supplier-Customer Relationships in Terms of FinancialTies
Kučera, Lukáš ; Sedláčková, Magda Piknová (referee) ; Jurová, Marie (advisor)
The bachelor’s thesis deals with an evaluation of the situation of individual entities from a selected company on the basis of information and documentation provided by the company. The thesis consists of theoretical part and practical part, of which theoretical part consists of individual definitions which are related to the thesis, it deals in more detail with claims which then helps realization of the analysis in the practical part. The practical part focuses on the analysis of supplier-customer relationships within individual entities of the selected company. The invoices issued in 2020 within the entities provided by the company were subjected to the analysis. The results of the analysis were then evaluated, commented and on the basis of the results are written recommendations for improvements and innovations in the company.
|
|
|
Filing and settling of claims in insolvency proceedings
Karas, Ivo ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Filing and settling of claims in insolvency proceedings Abstract The aim of the thesis was to provide a comprehensive picture of the two mutually interconnected topics: (i) classification of claims from the perspective of insolvency proceedings and (ii) filing and settling of claims in insolvency proceedings. Bankruptcy has always accompanied human societies from its very beginnings when people began to exchange goods and provide services. The importance of regulation of bankruptcy is even up with growing trade exchange. The matter stays in focus of lawyers in Czech Republic because the related case law is constantly evolving, which provides the legislator with useful inputs for amendments of the statute law. The source of the amendments of the statute law is also a change in social conditions and recent public policy efforts to make debt releaf and exemption from remaining debts admissible for poor debtors. The 1st part of the thesis is a theoretical introduction focused on the nature of insolvency proceedings (including comparison with general individual civil proceedings), subjects in insolvency proceedings and legal principles governing this procedure. In the 2nd part, I analyzed the classification of claims as the insolvency statute law distinguish them, especially with regards to determination of the...
|
|
|
Application of claims in insolvency proceeding
HEJLOVÁ, Anežka
The aim of the thesis is to analyse the process of debt collection in insolvency proceed-ings, to define the rights and obligations of all parties to the proceedings and to apply in practice. The whole thesis is divided into two parts. The first part deals with the issue of claims enforcement from the theoretical point of view. There is defined the insolvency pro-ceedings and the ways of it is solution, the typology of claims, review and subsequent satisfaction of claims. The conclusion of the theoretical part of the thesis is a brief com-parison of insolvency proceedings in the Czech Republic and Slovakia. The second part of the thesis builds on the previous theoretical knowledge and analyses the process of asserting claims in a real Czech company. The subject of the research is to analyse the methodological processes of the company in the event that the client en-ters into insolvency proceedings. The practical part of the thesis also includes the appli-cation of the claim according to the methodological procedures of the company. Based on the information obtained through application practice in a particular company, the thesis concludes with de lege ferenda proposals with regard to current sources of law.
|
|
| |
|
|
Proposal of the Debt Collection Improvement in the Enterprise
Smržová, Petra ; Křivánková, Petra (referee) ; Musilová, Helena (advisor)
This bachelor thesis deals with the recovery of claims in XYZ s.r.o. Basic terms are explained initially, focusing on the legal, accounting, economy and tax point of view. Analysis of current status provides information about the commercial entity and a breakdown of the claims, including their security rights and recovery. Based on the findings, there are recommendations provided in order to possibly improve the state of claim recovery.
|
|
|
Registration of claims in insolvency proceedings
Janoušek, Jan ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
RAISING CLAIMS IN INSOLVENCY PROCEEDING - ENGLISH ABSTRACT The aim of this thesis is to provide a comprehensive summary of institutes of an insolvency law related to the application of claims as well as defining the rights and obligations of creditors related to this topic with a closer focus on risk and problematic facts appearing in practice. All the text is based on the insolvency law effective at the time of its creation and besides the academic literature also often uses related practice of the courts. The introductory part presents an insolvency law in its historical and also contemporary context. It is listing the material sources and their brief characteristics needed to simplify the understanding of the substance of an insolvency law. For the same reason the initial chapters deal with the basic principles and terminology of an insolvency law, namely an insolvency proceeding, a bankruptcy and closely characterize particular ways of solving a debtor's bankruptcy. Another part of this thesis focuses on the actual debts. The legal analysis of the term debt and its types that are applied during insolvency proceedings is being carried out and it involves also the list of debts excluded. On the other hand this part includes the theory of debts with no need to be applied, since those are registered into...
|
|
|
Creditors and make claims in insolvency proceedings
Kociánová, Barbora ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The aim of rigorosum thesis is to give an analysis of the various institutes of insolvency law with a focus on the creditor and the procedural steps in the insolvency proceedings, accompanied by a comparison method, case law, the views presented in technical writing, knowledge of practical life creditors and critical evaluation of problematic issues applicable legislation. The result of the work should be comprehensive methodology of conducting the creditors during the insolvency proceedings, from its opening to the moment when the insolvency proceedings on procedural grounds built for sure that the creditor's receivable is determined and the lender will be satisfied with any of the bankruptcy. The work is divided into seven chapters, each chapter reflects significant legal field relating to creditors and their claims. The introductory part is rather theoretical focus, especially on the subject of insolvency proceedings, bankruptcy legislation and its development rights, the principles on which the insolvency proceedings is, definition of debt as contract law and a person lender. Another chapter discusses the course of bankruptcy proceedings, from its launch until the bankruptcy court decides whether the debtor's bankruptcy or not qualified. Among other things, the chapter also explains the meaning of...
|
guest ::
