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Reorganization plan - preparation and performance
Nováková, Karolina ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
IN ENGLISH: Reorganization plan - preparation and performance The main purpose of my thesis is definition of the functioning of the reorganization and providing detailed analysis of preparation and performance of a reorganization plan until the termination of the reorganization. The work focuses on the problematic parts of the reorganization process under the existing legislation included in the Act No. 184/2006 Coll., Insolvency Act, and points out a way how the stakeholders deal with these issues in the practice. The aim of my work is to answer why there is still so small amount of successful reorganizations and why is reorganization overall underused means of resolving insolvency or impending bankruptcy of debtors. The thesis is divided into eight chapters and each chapter is further divided into several subchapters. The first chapter deals with reorganization as a remediation solution of the debtor's bankruptcy in general. The second chapter is concerned with creditor's position in the reorganization process. Third chapter discusses in detail the issue of a reorganization plan, in particular the question of its purpose, the process of preparation of a reorganization plan, the content of a reorganization plan and its annexes. The fourth chapter is concerned with a report on the reorganization...
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Execution of movables
Hobl, Jaroslav ; Smolík, Petr (advisor) ; Macková, Alena (referee)
Name of this work: Execution of movables As the title shows, this work deals with one of the manners of debt enforcement in the Czech Republic by means of judicial officers. In the introduction, the author introduces readers into history of enforcement law. Following parts deals with decreeing the execution with the means of execution of movables and both personal and tangible ensuring the process. Further the author mentions the executable goods, and afterwards he comes with detailed description of constituent phases of attachment of movable goods. He especially emphasizes the crucial part of this kind of execution which is movable goods attachment. The work is also concerned with third person's rights protection as one of the fundamental principles of executory laws. Furthermore, the author makes an attempt to suggest possible amendment of contentious § 68 of the executory code. The subsequent chapter deals with the public auction sale of the attached movables process which contains their appraising, issuing the notice sale, and finally the sale itself while the author does not omit proceeds from the sale. The concluding part concerns the costs which appear at the movables execution. The goal of this work is to analyse the component phases of movables execution. The author endeavours to point out...
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Court decisions in execution proceedings
Suchánková, Hana ; Macková, Alena (advisor) ; Smolík, Petr (referee)
The purpose of this submitted rigorosum thesis titled "Court decisions in execution proceedings" is analysis of the legal regulation of execution proceedings affecting procedure and decision-making by courts during these proceedings, focusing on individual amendments and the related changes to selected provisions of the Execution Code, their mutual comparison, assessment of the suitability of their adoption and consideration whether their benefits in the form of "dis-encumbrance" of the courts predominate over the possible risk of potential excess by bailiffs. The scientific methods used to achieve the defined goals included the descriptive method, supplemented by the analytical method and also the comparative method. This work consists of three chapters. The introduction presents the most important amendments to the Execution Code regulating decision-making by courts and subsequently defines the goals of this thesis and the specified scientific methods used to achieve the goals of this thesis. The first chapter is devoted to the history of execution proceedings from Roman law regulations to acceptance of the Execution Code (Act No. 120/2001 Coll.). The second chapter discusses current regulation of execution proceedings, focusing on the standing of the bailiff and his procedure within the...
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Common debt discharge procedure of spouses
Blažej, Petr ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The thesis analyzes institute of common debt discharge procedure of spouses. The whole procedure of debt discharge by highlighting the specifics of the debt discharge procedure of the community property is described. The thesis defines requirements of insolvency petition and the petition for permission of debt discharge. Attention is also paid to the conditions of admissibility of debt discharge, therefore the issue of (in)admissibility of debt discharge for entrepreneurs, assessment of bad faith and the minimum legal threshold of 30 % satisfaction of creditors' claims. The thesis also describes legislative changes that came into the force in 1st January 2014, namely the revision amendment of Insolvency Act and new Civil Code Act. Attention is also paid to issue of forum shopping and comparison of Slovak and Czech legal regulation of debt discharge procedure.
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Relationship of Teachers and Students who have Become Friends on Facebook with Emphasis on Authority
Smolík, Petr ; Pospíšilová, Marie (advisor) ; Mitrenga, David (referee)
Bachelor thesis aims to find out the consequences of the fact that teachers and their students have become friends on Facebook. Theoretical part of the work presents the concepts of authority, teacher-student relationship and self-presentation theory. The methodology of qualitative research is then presented. The research was based on interviews with informants. Interviews are then analysed and interpreted in the analytical part. The study shows that friendship on Facebook can have an impact on teacher-student relationship. Sharing of informations on Facebook can even lead to a termination of Facebook friendship. On the other hand, revealing background or private information of teachers helps students to see them in a different, not-so-formal light. The importance of authority in this relationship is also presented. Both teachers and students expressed that they would like to continue their Facebook friendship in the future.
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Mediation as an alternative dispute resolution
Targa, Veronika ; Macková, Alena (advisor) ; Smolík, Petr (referee)
TITLE: MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION ABSTRACT This rigorous thesis deals with the problematic of alternative dispute resolution, specifically with mediation method. First part of this thesis generally describes alternative dispute resolution and describes chosen alternative methods. What follows is the part focusing on mediation itself, its theoretical bases, especially process description, mediator and his/her professional requirements, tools used in mediation and mediation application areas. Furthermore this thesis focuses on mediation legal frame interpretation in non - criminal area, especially on newly accepted act No. 202/2012 Coll., on mediation and amending certain laws. For comparison purposes this thesis contents Czech legal frame as same as the European and American one. Before final conclusion there are some thoughts on possible practical issues of mediation.
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Arbitration proceedings in the Czech Republic
Šolín, Karel ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The theme of this thesis is the arbitration proceedings in the Czech Republic, which is one of the alternative disputes resolutions. The goal of this thesis is to provide a complete summary of legal regulation of the arbitration proceedings. The thesis is divided into eight chapters. The first three chapters deal with general issues of the arbitration proceedings. The first chapter which is further subdivided into six subchapters is focused on the basic definition of the arbitration proceedings, its theoretical concepts, its advantages and disadvantages, as well as its different types. The second chapter provides a summary mainly of national legal regulation. Chapter three explains the objective conditions under which a certain range of disputes can be heard and decided in the arbitration proceedings, including some specific examples. Chapter four is concerned with the arbitration agreement which is the major institute and the basis condition of the arbitration proceedings. This chapter is subdivided into three subchapters dealing with for example the different types of arbitration agreements, their mandatory requirements and also their invalidity and termination. In a separate subchapter author discusses the arbitration agreement for resolving disputes arising from consumer contracts. Chapter...
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Discharge of spouses from debts
Singerová, Markéta ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
On the 1st of January 2008, Act. No. 182/2006 Coll. on Bankruptcy and its Settlement Method (Insolvency Act), came into force, and serves as the current bankruptcy legislation in the Czech Republic. This act introduced a new institute to Czech law, the institute of debt relief, the only remedial way of resolving bankruptcy. This thesis is focused on the detailed analysis of the institute of debt relief, mainly on the joint debt relief of spouses that was introduced to Czech Law by the established practice of the court instead of legislation. The main objective of this thesis is to describe the institute of joint debt relief of spouses which will be preceded by a general introduction to the statutory regulation of debt relief. This thesis consists of six chapters; the first one depicts the most important historical milestones of the evolution of bankruptcy law in the Czech Republic up until the adoption of the aforementioned Insolvency Act, which is still valid and effective to this date. The next chapter analyses the most important condition for insolvency proceedings in the author's opinion, which is the debtor's insolvency and its establishment by the insolvency court, followed by the third chapter that concisely and clearly summarizes all possible options to resolve the insolvency under the...
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Assets
Ryšlavý, Dalibor ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The aim of this thesis is mainly define Institute of assets within the meaning of the Insolvency Act. This thesis is also interested in two important terms, Insolvency register and Insolvency administrator. This Thesis deals with the activity and competencies of the insolvency administrator in the process of determination and listing the assets. This thesis also deals with invalidity and unenforceability of legal acts, which reduce the assets. This thesis deals compared Insolvency Act and the older Act on Bankruptcy and Composition and author's de lege ferenda ideas as well. Attention being paid is also insolvency proceedings with European international element contained in Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.
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Insolvency proceedings and their application in practice
Arnold, Edita ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
In this work, I have focused on solving problems of analysis of the debtor's bankruptcy in the Czech Republic in terms of its practical application. I interpreted the relevant provisions of the Insolvency Act relating to the issue of insolvency proceedings, and I tried to explain some of the problems that have occurred in connection with the application of the insolvency law. Work is conceived so as to explain the issue of resolving insolvency of the debtor in general. Individual chapters provide a general interpretation of the issue, both in terms of the Insolvency Court, which decides on insolvency proposals from the perspective of the legislature, trustee in bankruptcy, the creditor and the debtor. Given the scope of this study was important to examine the individual sub- problems of certain statutory provisions in detail. However, where they have been in practice for common problems and where there was confusion, there was given to wider attention to this issue. The work is complemented about judicial decisions, where are application problems practically interpreted.
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