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Directive on Preventive Restructuring and its implementation into Czech legal system
Vozka, Marek ; Hurychová, Klára (advisor) ; Eichlerová, Kateřina (referee)
v anglickém jazyce This Master's Thesis conducts a comprehensive analysis of preventive restructuring within the framework of Czech insolvency law, focusing on its practical applicability and benefits for commercial corporations facing financial difficulties. Special attention is given to the European Union Directive on preventive restructuring, aimed at harmonizing approaches to solution of financial difficulties across member states and providing effective tools to prevent business failure. The thesis examines the legislative framework of preventive restructuring, analyzes its implementation into Czech legal system, and compares it with approaches in other countries. Through theoretical examination and empirical data analysis, this thesis assesses whether preventive restructuring can be a suitable tool for financial rehabilitation and whether it can fulfil the expectations associated with its introduction. Key findings indicate that although preventive restructuring represents a debtor-friendly and less procedurally demanding approach, its real impact on the business environment in the Czech Republic will be limited. Empirical data suggest that since the introduction of the Insolvency Act, there has not been a significant increase in cases where bankruptcy is resolved through reorganization,...
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