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Incidental disputes in insolvency proceedings
Valdová, Lucie ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
The master's thesis deals with incidental disputes that arise and are decided within individual insolvency proceedings. The aim of this master's thesis is to develop a comprehensive interpretation of the issue of incidental disputes and to analyze their specifics, mainly because there are not many publications dealing comprehensively with incidental disputes in insolvency proceedings. With regard to the connection of incidental proceedings with provisions governing general civil court proceedings, a certain unsystematic nature of the insolvency law and a large amount of case law, the absence of such publications can cause interpretation and application difficulties. The first part is aimed at the general interpretation and characteristics of insolvency proceedings, bankruptcy and incidental disputes, including their positive list, which can be found in § 159, paragraph 1 of the Insolvency Act. The second part of the master's thesis is focused on the course of the incident dispute, from its initiation to the special regulation of the insolvency law regarding the reimbursement of legal costs. A separate chapter addresses the possibility of continuing an incidental dispute after the insolvency proceedings have ended. In the second part of the diploma thesis, the relationship between incidental...
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