|
|
Liability for damage under Insolvency Act
Kovacs, Stanislav ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of the thesis is, based on analysis of the institute of liability for damages in the Insolvency Act and related legislation, to characterize the institute of liability for damage in insolvency law and to define its position within the system of sanctions, to identify links to private and public (including criminal) legal norms, to present concrete examples from existing case law to address some unclear areas of existing arrangements and to identify and to describe changes resulting from the new regulation of the institute of liability for damages in the new Civil Code. The thesis is divided into two parts, the general (conceptual) and specific (critical). The general part is divided into four chapters. Chapter one summarizes the theoretical background of the institute of liability for damages. Chapter two provides an overview of the general private law liability for damages and fundamental differences on liability for damages in the old and the new Civil Code. The third chapter is devoted to a specific rules on liability for damages in the Insolvency Act. Chapter four discusses the different possibilities of a claim for damages or other harm. The special part is devoted to analysis of the facts of liability for damage governed by the Insolvency Act. Individual facts of case are systematically broken...
|
|
|
Reorganization in the new insolvency law with respect to the U.S. insolvency law
Dvořáková, Helena ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Reorganization in the new Czech insolvency law with respect to the US law Summary The purpose of my thesis is to analyse reorganization as an institute of the new Czech insolvency law and its relation to the US insolvency legal regulations. The thesis is composed of 11 main chapters, majority of them relating to the reorganization process and its particular subjects. Chapter One is introductory and defines the purpose of the thesis as well as its limits. The next two chapters give a brief introduction on the insolvency law history in both countries in order to highlight the underlying differencies of both economics. These chapters also addresse the current legal status of insolvency law with emphasis on the recent legislation changes and their relation to economical and social changes. Chapter Four lists the main subjects to the insolvency procedure with emphasis on reorganization and defines basic terminology to enable a better understanding of the reorganization. It is followed by a chapter Five describing the reorganization institute in detail incorporating an outline of relevant Czech case law. Each of the following four chapters represents an important milestone of the reorganization process and is further subdivided in particular stages in order to enable a better understanding of the process as well...
|
|
|
Discharge a rescue mode of resolution of insolvency
Kořenová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge a rescue mode of resolution of insolvency Summary The aim of this thesis is to provide a comprehensive analysis of the Institute of debt relief as one of the solution of bankruptcy. The work is divided into three chapters. The first chapter is a historical excursion, describing the evolution of resolving insolvency and bankruptcy proceedings in the world and in the Czech Republic. The second chapter deals with the general interpretation of the concept of bankruptcy, insolvency proceedings and its effects. The third and most extensive chapter then focuses on discharge from debts itself and its nodal points that are crucial in this process. Namely persons entitled to file a petition for permission to discharge debts, including the requirements of this petition, the court's decision on the permit and subsequent approval of discharge from debts, debt discharge methods and duties of the debtor, and finally the decision of fullfilment of debt discharge and exemption of debtor from debts. Act no. 182/2006 Coll. on bankruptcy and its solution (Insolvency Act) provides two methods of debt discharge. Debt discharge through the realisation of assets or under the schedule payement. Both methods have in common that the debtor must pay at least 30% of the total value of its unsecured debts and the unsecured...
|
|
|
Pre-conditions for adjudication of bankruptcy
Morysek, Tomáš ; Zoulík, František (advisor) ; Smolík, Petr (referee)
in English The thesis is composed of seven chapters. The first one is an introduction. In the second chapter I summarize the reasons, why a new regulation of insolvency law was needed. The third chapter is about pre-conditions for adjudication of bankruptcy in general and about the sources of their regulation. The fourth chapter is about the pre-conditions that are based in the material law and especially about all aspects of bankruptcy. The chapter No. 5 describes the conditions of civil and insolvency proceeding. Separately in chapter No. 6 is a describtion of moratorium. The thesis ends with conclusions.
|
|
|
Development of financial literacy
Stárková, Zuzana ; Krahulcová, Beáta (advisor) ; Zelinková, Olga (referee)
STÁRKOVÁ, Zuzana, Development of financial literacy, Prague, 2012. Zuzana Stárková - Charles University in Prague - Husitská teologická fakulta. Supervisor, Prof. PhDr. Beáta Krahulcová, CSc. Main topic of the diploma thesis is financial literacy, more specifically the risk of its consequences. First part of the thesis deals with definition of financial literacy, its causes and consequences. Next chapters are devoted to monetary literacy, ignorance of which causes many problems in the area of credits, loans and subsequently may lead to indebtedness. This part of the text defines important key words, whose knowledge in essential for using of banking services and products Last chapters of the theoretical part introduce the Consumer Protection Act and the issues of seizures and insolvency. Main objective of the practical part of the thesis is to carry out a research among university students in order to summarize the level of their awareness, knowledge and experience in the financial area.
|
|
|
Law & Economics as applied on the area of insolvency
Krb, Štěpán ; Bažantová, Ilona (advisor) ; Hraba, Zdeněk (referee)
Insolvency law is one of the fields of law that most influence economic relationships. Its creation, interpretation and application is crucial both in ex ante and ex post paradigms, in that it influences the future behavior of legal entities and determines the rights and obligations of creditors, stakeholders and the debtor. Bringing about interpretations which lead to legal uncertainty and to perceived economic injustice influences the tendency to enter into transactions negatively. Therefore, the creation, interpretation and application of insolvency law should follow the principle of the least and necessary ingressions and always serve to fulfill its purpose. All three processes should be - given the prevailing economic dimension of insolvency - complemented by economic analysis as a tool to discover the true effects of insolvency law and to correct the same.
|
|
|
Pre-conditions for adjudication of bankruptcy
Brucknerová, Barbora ; Zoulík, František (advisor) ; Smolík, Petr (referee)
Conditions for adjudication of bankruptcy The purpose of my thesis is to analyse conditions for adjudication of bankruptcy. My thesis is composed of nine chapters, each of them dealing with different aspects of the conditions for adjudication bankruptcy. Chapter One is an introduction and defines my motivation for writing about conditions for adjudication of bankruptcy. I have chosen this topic because I'm interested in the issue of insolvency law. In my opinion, this is really an up to date topic, as there are recently more and more people and companies which are in financial trouble. Chapter Two is subdivided into two subchapters. Subchapter One defines the term of bankruptcy and the development of its meaning over the years. Subchapter Two describes the systematic of the Insolvency Act (Act No. 182/2006 Coll. On Insolvency and its Settlement Methods) and explains the classification of bankruptcy within the Act. Chapter Three covers the historical development of the conditions, starting in 1781 with Josephine Bankruptcy Act. It provides a short illustration of the transformation in the conditions for adjudication of bankruptcy over the past years. Chapter Four characterises the conditions for adjudication of bankruptcy and enumerates them. This chapter generally divides the conditions to the substantive...
|
|
|
Structure and causes of indebtedness of individuals citizens in the Czech Republic
Dardová, Sylvie ; Angelovská, Olga (advisor) ; Vlčková, Kamila (referee)
This diploma thesis is devoted to the issue of indebtedness of natural person citizens of the Czech Republic and the follow up solution proposal, which aim is eliminate this problem. Selected theories of human capital and the consumerist society best describe theoretical concept debt issues. Consequently, this chapter is followed by the application of state policy instruments, which can mostly be sort of legislative action, educational activities and information and communication tools. They are a very important component, since all the measures breathe life. An important component of this thesis is to research, which was carried out in several directions, taking could then occur between individual variables to verify hypotheses. The extension of knowledge in the field of theory and research led me to the various proposals on how to solve the problem. In summary, it is a modification of the entire lending process and the subsequent recovery, which would in case of implementation of indebtedness persons decreased while satisfying yield "creditable" lenders. Powered by TCPDF (www.tcpdf.org)
|
|
|
The Position of Secured Creditor in Insolvency Proceedings
Barták, Milan ; Smolík, Petr (advisor) ; Dvořák, Bohumil (referee)
The topic of this thesis is the position of a secured creditor in an insolvency proceedings in the framework of a specific type in a civil, judicial process. The subject of this proceedings is a debtor and his insolvency (or his potential insolvency) and the solution of his insolvency. The aim of this paper is to analyze the role of a secured creditor whose credit claim is specifically set out and secured with an asset that forms a part of an asset registry of the insolvency proceedings in the Czech Republic, based on the applicable law of Insolvency Act and specialized literature, as well as the relevant code of justice, which plays an important role in the interpretation of legal standards of Insolvency Act. The aim of the author is to draw attention to selected sections of the insolvency proceedings and further analyze selected questions and categories of the insolvency proceedings, directly relating to the secured creditor in individual phases of the insolvency proceedings, from the beginning until the credit of secured creditor is recovered.
|
|
|
Discharge as a form of resolving bankruptcy of individuals
Turková, Eliška ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
A debtor's discharge can be solved within insolvency by a few forms, where this thesis aims attention to a discharge. The issue is a relatively new institute, which has been incorporated to our system of law by Act No. 182/2006 Coll., the insolvency act. The key theme of this thesis is a complex view of a way to solve an individual's bankruptcy by a discharge, without a focus on businessman or discharge of spouses. We count insolvency among private law for its same principals, however in some cases it is quite different and in its own way unique. Czech legal system knows two types of discharge, a discharge by a realization of an insolvency estate and a discharge by fulfilling a payment schedule with a realization of an insolvency estate. Due to the law, we differ two phases of insolvency. The first one is mutual for all the forms of resolving bankruptcy and includes especially initiation of the process, which can be done only by submitting a proposal (of either a debtor or a creditor), also ruling about bankruptcy and insolvency proposal as itself, and finally submission of applications of creditors' claims, while the second one adjusts forms of resolving bankruptcy. Within a discharge we talk mainly about passing of discharge, performing individual types of discharge, possibly dissolution of...
|
guest ::
