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Debt relief amendment to the Insolvency Act and its impact on the acitivity of the insolvency administrator
Gabrielová, Petra ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
1 Debt relief amendment (Act No. 31/2019 Sb.) and its impact on the activities of the insolvency administrator - Abstract The thesis deals with the Debt relief amendment (Act No. 31/2019 Sb.) and its impact on the activities of insolvency administrators. This rigorous thesis is divided into introduction, nine chapters and a conclusion. The aim of this paper is to describe the fundamental changes that the debt relief amendment brought into the legislation concerning insolvency law, and to describe the impact of these changes to the activities of insolvency administrators in comparison with the previous regulation. Furthermore, the aim of the thesis is also to evaluate these changes and, eventually, to propose some changes de lege ferenda. In the first chapter, the terms "bankruptcy" and "debt relief" are analysed and the rehabilitative solution of bankruptcy of a debtor is specified, with emphasis on the institutions of release of the debtor from payment of the unpaid parts of their outstanding obligations, the extent of the right to dispose of the debtor's assets, the social dimension of debt relief and the honest intention of the debtor in comparison with the liquidation solution of solving debtor's bankruptcy. The second chapter is devoted to the legislative proceedings of adopting the debt relief...
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