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Role of the insolvency administrator in solving issues of bankruptcy through debt relief
Bandžak, Richard ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The work examines the role of the insolvency administrator in solving bankruptcy. The main objective of debt relief is to help over-indebted non-entrepreneurs to break out of their impasse resulting from too high a debt which they are unable to repay. This partly differs from other ways of addressing bankruptcy while emphasizing the needs of the borrower. The insolvency administrator is in charge of satisfying the needs of creditors. The work addresses whether a different principle of debt relief affects the role of the insolvency administrator.
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Insolvency resolution methods of natural persons non-entrepreneurs in the Czech republic
Balharová, Eva ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The bachelor thesis presents the insolvency resolution methods for a natural person non-entrepreneur (consumer). Firstly there is presented the definition of a bankruptcy in general and also all possible methods of its solution that is defined in czech insolvency law. The emphasis is put on the two main methods: the bankruptcy and the personal bankruptcy. This bachelor thesis concerns the comparison of those two mentioned methods and tells which of it is considered to be better for a debtor and what are the main reasons.
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Asylum law in the Czech Republic and Germany considering EU asylum policy
Vítková, Klára ; Grmelová, Nicole (advisor) ; Valenta, Petr (referee)
This thesis is focused on certain aspects of asylum law in the Czech Republic and Germany and the influence which European asylum law has on them. Its aim is to describe the differences between both legislations, to evaluate the influence of judicature of the national courts on the interpretation of the key terms, and to analyse the impact of EU asylum law on asylum law in the Czech Republic and Germany. In the first part my work deals with a theoretical analysis of the forms of the international protection, above all with the definition of asylum and subsidiary protection, and highlights the differences between both legislations. The second chapter follows up with the analysis of certain judgements of high national courts concerning the reasons of persecution, and demonstrates different judicial approaches. The third and the last part is concentrated on EU asylum law, above all practical realisation of the Dublin Regulation and the implementation of important directives, and tries to critically evaluate its influence on the national asylum legislation.
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The legal aspects of the Croatian accession to the EU
Unzeitigová, Klára ; Grmelová, Nicole (advisor) ; Valenta, Petr (referee)
The bachelor thesis will be focused on the legal aspects of the Croatian accession to the European Union. This institution has gone through considerable changes during its integration process. Every expansion of the EU was realized under different conditions and was in some aspects unique. The later accessed countries had to fulfill more demanding criteria. The tightening of the conditions was arranged because of the aim to avoid the mistakes and complications which occurred during the previous accessions. European union welcomed the 28th member state on 1. July 2013. Croatia became the part of the EU after ten-year long negotiation process. The accession was not easy. The country fulfilled its attempts to obtain the member state status. However, the transformation of Croatia is not done yet. The country has to face the pressure of the Union and to defend its status. So far Croatia is successful in meeting the criteria.
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Insolvency practitioner – assets recognition and the realization of assets
Němeček, Lukáš ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The bachelor thesis is focused on the two main activities of an insolvency practitioner. First activity is called recognition of assets. In this part is defined what a recognition of assets contains. The following part describes the process of debtor's recognition of assets which conforms to the determined procedures. These steps lead to the result of the insolvency practitioner's activities -- an inventory of assets. The second activity of the insolvency practitioner is a realization of assets. This part describes a procedure which leads to the creditors satisfaction. The insolvency practitioner claims an appropriate reward for his work. The meaning of this thesis is to make proposals which could lead to more efficient activities of the insolvency practitioner and to the acceleration of insolvency proceedings process.
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Alternative Dispute Resolution in the EU Internal Market through the SOLVIT Network
Zemenová, Tereza ; Grmelová, Nicole (advisor) ; Valenta, Petr (referee)
This Bachelor's thesis deals with alternative dispute resolution in the EU internal market via SOLVIT network. The aim of this work is to provide a comprehensive view of the functioning of SOLVIT mechanism and to clarify the way in which it can help citizens and undertakings that are adversely affected by unlawful decisions of national administrations which acted contrary to EU law. Emphasis is made on the structure of SOLVIT network, its activity, cooperation with the European Commission and its role in the context of other ADR systems. The last part of this work deals with analysis of the effectiveness of the mechanism.
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Insolvency Administrator
Šelmátová, Gabriela ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This thesis analyses the role of an insolvency administrator in insolvency proceedings. It focuses not only on general duties of insolvency administrators in insolvency proceedings, but it also deals with prerequisites necessary to meet in order to be eligible for the function of an insolvency administrator. The thesis presents various types of insolvency administrators, the appointment procedure and changes to the appointment of an insolvency administrator, the possibility to recall, expel and relieve an insolvency administrator of his function. Constituting the fundamental part of the thesis, the third chapter analyses the assignment of insolvency administrators to particular insolvency proceedings and evaluates the proposed amendment to the Insolvency Act replacing the current system of nomination with the system based on rotation.
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The financing of the bankrupt during the reorganization
Hájková, Lucie ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This bachelor thesis deals with the possibilities the financing of bankrupt during the reorganization. The first part describes the debt financing, its legal aspects, and especially financial and supplier credits and their using. The next part is about tolling financing where advantages and disadvantages are described as well as its using during reorganization. The last part is about other ways of financing the bankrupt during reorganization.
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European private company (SPE)
Bednářová, Tereza ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This bachelor's thesis focuses on the statute of a European private company (SPE)- a new European limited liability company intended for small and medium sized enterprises. In the thesis there is a summary of all the initiatives prior to the proposal for the Council regulation on the Statute for a European private company. There is also a summary of the proposal itself and the main characteristics of the company followed by a summary of a number of compromise proposals trying to find a suitable solution for the main problematic areas. After considering advantages and disadvantages of the statute of a European private company, the thesis concludes that the statute would a beneficial factor for the EU due to improvements for the European market and conditions for small and medium sized enterprises.
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Legal Regulation of Mediation in Commercial Disputes
Kerbachová, Tereza ; Grmelová, Nicole (advisor) ; Valenta, Petr (referee)
This Bachelor thesis on the Legal Regulation of Mediation in Commercial Disputes deals with the characteristics and use of mediation as one method of alternative dispute resolution. Commercial mediation is in its infancy in the Czech Republic. Its development was influenced mainly by the adoption of Act No. 202/2012 Coll., on Mediation and Amending Certain Acts. The first chapter comprises a general introduction on the topic and its comparison with other ADR methods. The second chapter deals primarily with the development of legislation and the enactment of law. Further work is dedicated to the mediation process and requirements for mediators. The practical part is based on my participation in mediation testing.
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