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Discharge of Debts as a form of Insolvency solution of a Debtor
Vašíčková, Veronika ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The rising availability of consumer loans causes an increase of debtors who aren't able to carry out all their monetary obligations. They get into financial problems which often end in several current executory proceedings. For debtors this situation is apparently hopeless and many of them try to solve it by using bridging loans. This leads to deepening of their personal financial crisis. The Insolvency Act No. 182/2006 Sb. which contains the regulation of the Discharge of Debts brings a solution for such debtors. Discharge of Debts as one of the ways of sanitation of debts in Czech law represents modern trends of European and American Insolvency law that joins the debtor back into the economic life. Discharge of Debts represents a possibility to solve the debtor's unbearable financial situation and to keep at least partially his living standards. For creditors it can be a way how to obtain at least part of their claims by the legal procedure. This text deals with actual Czech regulation of Discharge of Debts and compares it with foreign German regulation. In the first two chapters the basic terms and admissibility of Discharge of Debts are clarified and generally compared with Discharge of residual debts by the German law. Subsequently the author reports on single phases of insolvency proceedings...
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Detention proceedings
Andělová, Kateřina ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
The detention proceedings constitutes a heavy intervention into the individual's right to personal freedom guaranteed by the Czech Constitution in a way of involuntary stay in hospital. The basis of present legal regulations of detention proceedings is necessary to see especially in the Czech Declaration of Human Rights And Freedoms (article 8, clause 6) that continues European Convention on Human Rights (article 5, clause 1e) specifying that (only) law constitutes, in which events individual may be kept in a hospital without his acceptance.
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Specific Problems of Law Enforcement Proceedings according to Act. No. 120/2001 Coll. on Private Law Enforcement Officials and Enforcement Proceedings (Law Enforcement Act)
Kořínek, Otakar ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This thesis deals with the specific problems of civil law enforcement (law enforcing the judicial and administrative decisions which are not fulfilled voluntarily) in the legal environment of the Czech Republic effective to 1st October 2012 with focus on the activity of private bailifs (executors). Enforced fulfillment of decisions by the state authority is percepted as rather controversial by the public and media. In the first part of this thesis I concentrate on the most controversial parts of law enforcement. Further, I divide chosen problems into general part dealing with the general concepts of executional proceedings and specific part dealing with specific legal problems attributable to specific kinds of executional proceedings. Other comprehensive part deals with the costs of executional proceedings carried out by the private executors as it has been formed by the decisions of the Czech Constitutinal Court. At the end I concentrate on the comprehensive novelization of the Czech executional law effective as of 1st January 2012.
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Selected problems of application of the Insolvency Act
Kulíř, Martin ; Pohl, Tomáš (referee) ; Smolík, Petr (referee)
Selected problems of application of the Insolvency Act On the 1st of January 2008, Act No. 182/2006 Coll. on Insolvency and its Resolution (Insolvency Act), which constitutes the substance of current legal regulation of bankruptcy law in the Czech Republic, came into force. There was a need to adopt new regulation emerged not only as a result of obsolescence of the original regulation, which - despite numerous direct or indirect amendments - was not able to respond adequately to economic changes, but also due to the necessity to adjust bankruptcy law to European legal regulations. The Insolvency Act together with implementing regulations form the basis of an entirely new and complex legal regulation which stands on its own principles, introduces uniform insolvency proceedings for all kinds of resolutions of insolvency and also new forms of insolvency resolutions. In addition to bankruptcy as a traditional and liquidating form of insolvency resolution, the Insolvency Act introduces a reorganisation and a discharge of debts as preservation methods of insolvency resolution which might be more profitable both for the debtor and his creditors. Reorganisation is designated for entrepreneurs, while discharge of debts was adopted as a resolution of state of insolvency of non-entrepreneurs. But this current legal...
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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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Legal regulation of service in civil proceedings
Souček, Petr ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
This thesis deals with the process of service of documents in civil proceedings. The thesis is based on an analysis of current legislation, which is in the introductory chapter supplemented for completeness with historical excursus to the development of this area of law in past. The thesis is for clarity divided according to the individual manners of service. Each of these methods of service of documents is subject to detailed analysis, and there is pointed out on shortcomings with respect to every manner of service. The aim is not only to analyze comprehensively the issue of service in civil proceedings, but also to point out the application problems that may arise today in connection with the contemporary legislation in practice. The author devotes considerable attention to data-boxes and their role in the process of service of documents, both in the direction from parties to the proceedings to the court and in the opposite direction. Besides electronic forms of service represented by data-boxes and e- mail, the thesis also deals with other methods of service, especially by means of a delivering body. In the seventh chapter is then analyzed institute regarding a declaration of an inefficiency of service, the purpose of which is to mitigate the adverse effects that the current system of service...
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Court's executions by sale of movables
Erbová, Martina ; Smolík, Petr (referee) ; Mikeš, Jiří (referee)
1. Abstract The English version: I chose court's execution by sale of movables as a topic for my thesis because it's a part of daily routine in my current profession. Execution is an important topic in the current society and it should be natural that everybody understands basic institutes of legal provisions in execution proceeding. I analyze not only the current legal provision for execution proceedings. I assess specific law institutes that are connected with legal proceedings. I also assess the changes that can occur in the legal framework in the future and that government tries to pass. I also point out an issue of the current two-way character of court's execution done on the basis of Code of Civil Procedure with execution done by executor on the basis of Code of execution.
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Position on insolvency administrator under insolvency law
Vacková, Kateřina ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The abstract Position on insolvency administrator under insolvency law This thesis describes the insolvency proceedings in view of the insolvency administrator. It deals not only with the position of the insolvency administrator in already running insolvency proceedings but also the prerequisites that must be met in order to become an insolvency administrator at all. It is processed with regard to the importance of the amendments to the act of the year 2013. Due to the financial crisis and growing indebtedness of population it is a very actual subject, which applies to almost all of us. The thesis is divided into six main chapters. The first is devoted to the person of the insolvency administrator with detailed terms and conditions for the emergence of the processed function relating in particular to integrity and tests and to the types of terminativ of their activities. The second chapter discusses the performance of the function with an emphasis to the appointment, amendment, withdrawal, exclusion and exemption from the function. The various types of insolvency administrators are discussed in chapter three. The largest chapter is the fourth one. This chapter discusses the General rights and obligationsc at first, which are common for all the types of resolving insolvency and it is followed by the second...
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