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Applicable law of reorganization
Hradílková, Pavla ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The main objective of this thesis is to provide a comprehensive description and an analysis of a remediation solution in the insolvency proceedings, the reorganization under the Czech law and a comparison with French applicable law of restructuring. Act. No. 182/2006 Sb., hereinafter called as Insolvency Act, became effective on January, 1st 2008. After economic crisis between the years 2007 and 2009 was proved the urgency to modify an unsuitable and outdated Czech law from 1991. Insolvency act brought many new institutes mainly to the Czech procedural law and finally it set up new methods for insolvency non-liquidation resolution - reorganization. Institute of reorganization utilizes varying restructuring methods principally intended for large businesses that fulfill the conditions of the reorganization proceedings. The thesis is divided into twelve chapters. First eight chapters are providing the reader with fundamental elements of insolvency proceedings that are necessary for the overview of the reorganization proceedings. These chapters are further divided into smaller parts covering the description of the historical development, explanation of bankruptcy, parties to the insolvency proceedings, insolvency petition, automatic stay and insolvency estate. The most important part of this thesis the ninth...
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Proving in process of termination and settlement of community property of spouses
Brabencová, Jana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Proving in the process of termination and settlement of community property of spouses This thesis deals with the issue of evidence in civil proceedings in the process of termination and settlement of community property of spouses, primarily from the point of view of civil procedural law. However, it is necessary to discuss briefly the issues of civil substantive law. Therefore, Chapter One analyses general questions about community property of spouses as a concept of civil substantive law - the formation, alteration, termination and settlement of community property. The following chapters are listed according to the course of civil proceedings. Chapter Two focuses on the commencement of civil proceedings and the trial. Chapter Three concentrates on evidence. First, it answers some general questions about evidence and then it addresses the issue of evidence specifically in the process of termination and settlement of community property. Next it focuses on the stages and general principles of evidence, on the concept and the subject of proving and on individual means of proof. Subsequently, the thesis scrutinizes the position of the court and the parties to a case in the proving process and deals with the issue of burden of allegation and burden of proof. Furthermore, the chapter summarizes the...
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Legal relationships to bankrupts estate in insolvency proceedings
Ďurovičová, Petra ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
English summary The aim of my thesis is to analyze the Institute of assets in insolvency proceedings, which will try to break down with regard to the structure of the provisions governing it in the Insolvency Act and also to make a comparison with the bankruptcy in the Act on Bankruptcy. With regard to the re-codification of private law and consequently the planned amendment to the Insolvency Act, it is necessary to further outline the changes of assets which that amendment would bring. I chose the topic of my thesis because of interest in the legal industry and also because of the knowledge of insolvency law with regard to the increasing importance of this area of law as a result of the increasing number of bankruptcies. The thesis is divided into six chapters dealing with various aspects of the assets. The first chapter provides a basic definition of assets and defines its scope, which is different according to the person lodging the bankruptcy petition. This chapter also sets out specific things, rights and other assets belonging to the assets or y those that do not belong. The second chapter discusses the process of identifying the contents of the assets. This chapter describes the different procedures and privileges of insolvency administrator. It also describes the obligation of debtor, public...
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Modes of insolvency solution of non-entrepreneurial natural persons
Myslivcová, Tereza ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Modes of insolvency solution of non-entrepreneurial natural persons The development of credit transaction and associated rising debt of households, led to a non entrepreneurial natural person becoming the typical subject of modern insolvency law. Act No. 182/2006 Coll., on Insolvency and its solution (Insolvency Act) gives consumers the possibility of remediation mode of solution of their insolvency through discharge of debt, which allows debtor to solve his unfavourable economic situation given at least part of his debts is satisfied in such a way that he avoids a devastating impact of his debt and has a chance of exiting the debt spiral and to starting over. The thesis deals with insolvency of these persons and modes of its solution, based not only on the current legislation, but also on judicial practice because a whole range of issues have been solved only within this framework. The change should be brought about by the so called conceptual amendment of the Insolvency Act, prepared by the Ministry of Justice, whose goal is to incorporate disputed issues and issues unsolved in the Insolvency Act. The prime purpose of my thesis is to analyse the process of consumer's insolvency solution, especially focusing on discharge of debt and the slight bankruptcy and its specificity with emphasis on issues...
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Insolvency from the view of debtor - natural person who is not entrepreneur
Tabach, Daniel ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
In my doctoral thesis I am trying focus on today's often discussed theme: insolvency of debtors - natural persons who are not entrepreneurs. This debtors are insolvent and unable to pay debts. The debtors must solve this problem under Act No. 182/2006 Coll. on Bankruptcy and its Resolution (Insolvency Act). Insolvency Act provide the condition of a person that is insolvent or bankruptcy proceedings. The main aim of insolvency law is the satisfiction creditors without socially unacceptable concequences. In the first part of my thesis is placed the presentation of theoretic terms of insolvency law, e.g. petition for a bankruptcy order, adjudication order. Further I am trying to describe two forms of solving insolvency of natural persons - bankruptcy and the discharge from debt that takes in account the situation of the individual debtor. The discharge from debt may apply to natural persons who are not entrepreneurs. The discharge from debt may be implemented by liquidation of assets or by repayment according to a repayment schedule. Bankruptcy may be implemented only by liquidation of assets.
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Limits of reorganization in insolvency proceedings
Kraus, Radek ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
This thesis deals with the theme "Limits of reorganization in insolvency proceedings." Thesis is divided into eight chapters. First chapter defines the concept of reorganization and insolvency proceedings regardless of the specifics of individual national laws and arranges them into the legal scheme. Second chapter deals with the development of insolvency throughout history. Specific attention is paid to the Bankruptcy and Settlement Act ("zákon o konkurzu a vyrovnání"). Third chapter describes the American regulation of insolvency, which is the major inspiration for most modern insolvency regulations, especially chapter 7 and 11 United States Bankruptcy Code, i.e. liquidation and reorganization. Fourth chapter describes the German regulation, because the German regulation played a huge role in the process of making of the Czech Insolvency Act ("insolvenční zákon"). Both foreign adaptations are examined primarily through the lens of reorganization; other institutes are described and evaluated only in if they seemed to be important as an inspiration for the de lege ferenda regulation. Since the reorganization cannot be defined without a broader procedural context, fifth chapter is devoted to description of the basic institutes of the Insolvency Act. Chapter Six and Seven thoroughly describe the...
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Status of Creditors in Insolvency Proceedings
Syrůčková, Martina ; Pohl, Tomáš (referee) ; Smolík, Petr (referee)
The theme of the rigorous thesis is The Status of Creditors in insolvency proceedings. The aim of the thesis is to provide comprehensive analysis creditor's rights and duties during insolvency proceedings. The most important aim is comparation last legal regulation with new legal regulation status of creditors in insolvency proceedings. The legal regulation is edited mainly The Act No. 182/2006 Coll., The Insolvency Act. The thesis is divided into nine chapters. Each chapter is also divided into particular subchapters.The first two chapters are dedicated to a general introduction to the insolvency law and historical development of insolvency law, including the reasons of redefinition the last law by the new Insolvency Act. Chapter number three contains the participation of creditors. There is a definition bankruptcy and types of bankruptcy further in the text. Subchapters 3.3 and 3.4 defines insolvency petition, which comes from debtors or creditors. Subchapter 3.5 subscribe requisites application claims. Subchapter 3.8 contains the ways of avert bankruptcy, for example moratorium. There are creditors bodies in chapter number four. Main creditors bodies are Meeting of creditors and Creditors committee. These bodies seriously affect insolvency proceedings. Chapter number five tells us about...
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Court decisions on custody of minor children
Fifková, Magdalena ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This Master's degree thesis deals with the issue of the court decisions concerning custody of minor child considering the current legislation in force. The thesis is divided into four chapters. The first chapter is introductory and emphasizes the protection of underage child, especially judicial protection. The second chapter defines basic concepts and theoretical bases, on which the court based the decision making process. The third and the main chapter of this thesis at first characterizes judicial proceedings in matters of judicial care of minors in general, and then focuses on the particular cases, in which it is necessary to decide on the custody of the child. A special emphasis is placed on the established practice of courts. The court decides on the custody of the child in parental care, if his parents are getting divorced or do not live together. The court may award the sole physical custody of one of the parents, joint physical custody of both parents or shared physical custody of both parents. If, however, the natural family does not fulfil its function, and the care from the side of the child's parents is not secured, it is necessary to decide on substitute care. The court has the option to place the child in the care of another individual person, in foster care, in care of his tutor, or award...
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The notary and civil procedure
Straděj, Jakub ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis titled "The notary and civil procedure" deals with the role of notaries in the legal order of the Czech Republic. Notaries public have a long historical tradition in our country, even though the organization of their profession has changed over the years. General awareness of their profession, which is considered to be very conservative, is not too widespread. It was also one of the reasons, why I chose thesis topic from this field. The aim of this work is to analyze the activities of notary, which are related to the civil procedural law and civil process, characterize the principles, which are typical for him and to clarify the position in which is the notary public while conducting each task. This thesis is divided into five chapters. First of them, except a brief history, explains basic concepts such as notary and notary office. This is followed by a description of the fundamental notary principles, assumptions for the appointment and organization of their profession. In the first half of the second chapter are summarized all activities of notaries in the Czech Republic under the current Law on Notaries. The civil process is defined in the rest of the chapter; it connects with the role of the notary to form a logical basis for the following three chapters describing the specific activities....
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Good manners
Havelcová, Žaneta ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Resumé This thesis deals with the concept of "good manners" in Czech legal order. The thesis does not attempt to define good manners. The aim of this work is not to give readers a comprehensive picture of good manners in contemporary Czech society, but to illuminate the term and explain its function. The thesis is divided into five chapters. The first chapter introduces readers to the history of the concept of good manners, with the concepts of morality, public morality and public order, as well as with the rules of good manners and the actual concept of good manners. The first chapter still contains good manners as an interpretative and application rule and the principle of fair trade. The second chapter is devoted to selected issues of individual civil rights. These issues are the following issues - a duty to maintain a divorced spouse, default interest, an usury, laesio enormis, further an objection limitation, a restitution, a penalty and an advertising and good fair competition. The third chapter deals with the case law of the Supreme Court of the Czech Republic and the case law of the Constitutional Court of the Czech Republic. In addition case law, this chapter also deals with importance of good manners and a legal certainty. The fourth chapter deals with good manners in a civil trial. First of all...
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