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Public prosecutor's office in civil proceeding
Pavlásková, Zdeňka ; Macková, Alena (advisor) ; Elischer, David (referee) ; Winterová, Alena (referee)
This dissertation is divided into a general part (chapters 1 through 6) and a specific part (chapter 7). The general part contains chapters devoted to the historical development of public prosecution and the office of the public prosecutor with an emphasis on developments in civil proceedings, primarily after 1989. Further attention is dedicated to a current expert discussion of the constitutional position of the office of the public prosecutor within the system of state power. Explanations are also given for the independence and impartiality of the office of the public prosecutor in a qualitative comparison with the independence and impartiality of the courts. The following part of the dissertation focuses on a description of the framework of the office of the public prosecutor, including the new institution of the Institute of the European Public Prosecutor. The subsequent chapter is concerned with the organisation and staffing of the non-criminal division of the public prosecutor's office on all levels. This is followed by a chapter devoted to the legal sources amending and relating to the non-criminal activity of the office of the public prosecutor. A substantial part of the general part of this dissertation consists of a description of the role of the office of the public prosecutor in civil...
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Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff
Křížová, Petra ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff - Abstract The thesis deals with the legal position of insolvency administrator in insolvency proceedings and its comparison with the position of bailiff. The thesis is broken into an introduction, six chapters and a conclusion. The aim of this thesis is to summarise the rights of the insolvency administrator as a subject of the insolvency proceeding and compare them with the rights of the bailiff. The first chapter deals with the definition of insolvency administrator, the conditions to perform the office and to obtain the relevant licence to perform the office, as well as the manner of entry of insolvency administrators into the registry. The second chapter takes on the manner of appointment of the insolvency administrator in a specific insolvency proceeding, the conditions for removal or recall from the office, the conditions of exclusion for bias and situations when the insolvency administrator may be replaced. Furthermore, the chapter states the duties of the insolvency administrator. Special attention is paid to the reward and reimbursement of costs in the various alternatives of insolvency solutions with regard to recent case law. The chapter also details the liability of the...
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Insolvency crimes
Suchomelová, Veronika ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
Title: Insolvency crimes Abstract The aim of the submitted rigorous thesis to give a comprehensive overview about specific category of crimes related to contractual obligations between creditors and debtors, bankruptcy and its solution in insolvency proceeding. At first, the thesis analyzes the main concepts, "crime" and "bankruptcy". The thesis also includes historical excursion to former legislations of insolvency crimes in the penal law in the territory od today's Czech Republic, as well as off criminal legislation directly related to bankruptcy offences. This historical outline should clarify whether the current legislation on insolvency crimes has inspired a past adjustment or whether it has come up with a new concept of punishing this group of crimes. One of the primary aims of this thesis is to assess whether, in the case of criminal liability for crimes classified as "insolvent", one of the fundamental principals of criminal law, namely the principal of subsidiarity of criminal repression, is applied consistently. A picture of this isme can be made both from the actual text of the thesis and from the annex part, which shows the number of prosecuted and convicted persons for committing individual insolvent crimes in period 2009 - 2016. The core of the thesis is an analysis of individual crimes that...
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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.
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Bankruptcy models and selected indicators predict the entry of a business corporation into liquidation or insolvency
ZELJKOVIĆ, Simona
The work is focused on using bankruptcy models and appropriate selected indicators on the data set used, and it identifies how crucial it can be for an enterprise to use an inappropriate model or indicators to decide whether to enter into liquidation or insolvency, and how these business aid indicators can prevent larger business damages that would occur if the risk was ignored. It adds value to controlling activities and can influence the possible prediction of the development of financial problems in the enterprise. Selected models and indicators are tested on a database of companies, which is divided into two groups - bankruptcy and non-bankruptcy. It compares the results of the model evaluation by including the gray zone intervals in the calculation with the results when these intervals are removed. The individual models' reliability is tested both on individual groups and in individual years 2013 to 2017. Selected indicators are tested on the bankruptcy group, which best correlates with reality and confirms the correct selection of indicators for possible prediction of bankruptcy
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Criminal acts in connection with insolvency proceedings
PROCHÁZKOVÁ, Jana
Criminal activity is mapped in this thesis, which subjects can commit in connection with insolvency proceedings. Czech Criminal Code No. 40/2009 Coll. lays down a total of six crimes, while the Swedish Criminal Code (Brottsbalk) has seven such crimes. The current legal regulation of bankruptcy offenses in the Czech Republic is analyzed in the theoretical part. In the practical part, the foreign legislation is analyzed and several proposals de lege ferenda are set on the basis of this analysis.
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Discharge as a mode of resolving bankruptcy of a debtor
Trčková, Veronika ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Discharge from debts represents one of modes of resolving bankruptcy of a debtor. It is a legal institute, which is very often used by debtors. Its aim is not only to satisfy creditors at least in the law guaranteed amount but also to protect the debtor, who is released of all his previous debts after successful discharge and he can start new life without debts and never-ending executions. The purpose of this thesis is to characterize an institute of discharge, to put it into the system of insolvency law, to describe insolvency procedure and some problematic areas of discharge, which cause difficulties in practice. During writing this thesis I tried to interconnect effective laws with case law of higher courts, reference literature and articles. The thesis is composed of 5 chapters. In the first one I briefly characterize basic terms of insolvency law (insolvency proceeding, bankruptcy, procedural entities) and modes of resolving bankruptcy of a debtor. Second chapter focuses on insolvency proceeding from insolvency petition to permission of discharge. Last part of the chapter describes alternatives of discharge, these are converting debtor's property into money, payment schedule or combination of both. In the third part, I deal with some problematic areas of discharge, which are missing or unclear...
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Insolvency proceedings in terms of periods and time limits
Douda, Jiří ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This diploma thesis deals with insolvency proceedings in terms of periods and time limits. The main objective of this thesis is to verify two hypotheses stated in the introduction. Author concentrates on the meaning of the periods and time limit since the ages of Roman law. Author is also paying attention to detailed analysis of law n. 182/2006 Sb., about bankruptcy and ways of its solutions (hereinafter insolvency law), as subsequently amended, which obtain treatises about the period or time limits. Author also evaluates the benefit of the insolvency law amendments, which will become effective in summer of 2017, and he will also propose law amendment de lege ferenda including possible impacts, which can be brought by this amendment, in the conclusion.
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The property estate in insolvency proceedings
Chuchro, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This thesis deals with two main topics: the insolvency proceeding in Czech republic according the Incolvency Code, and the Institute of assets. It also provides short comparision of the chosen legal institutes of the assets between Czech and German insolvency codes. The purpose of this thesis is to define and describe the incolvency proceeding and the institute of assets and to evaluate the regulation of the Incolvency code and to predict the possible course of its future changes. The insolvency proceeding in Czech republic is a part of civil proceeding, and it is very specific because of its purpose, which is to solve the bankrupcy of the debtor and to achieve the maximum able repayments for his creditors. That is the reason why the insolvency proceeding must have its own specific legal principals and many specific rules devoted to achieve its purpose, so the Insolvency code includes many rules to prevent the possible misuse of these institutes for some other goals. This thesis deals with the subjects of the insolvency proceeding and their interests in the proceeding, their duties and competences and with their mutual relationships. The most importatnt of these subjects is the insolvency administrator, who is mainly responsible for the creation, administration and the final selling of the assets. This...
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