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Incidental disputes in Czech and Europen law
Pume, Marek ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Incidental disputes in Czech and European law As disputed issues may arise during the insolvency proceedings which generally need to be resolved before the insolvency proceedings are concluded, but which may often be truly challenging to assess due to their nature, it is possible for the court to separate these disputes into ancillary insolvency proceedings, where these issues are put to rest and thus there is no need to burden the main proceedings. These disputes are referred to in the Insolvency Act as incidental disputes. This thesis describes the whole course of insolvency disputes, the characteristics and nature of all the different types of disputes designated as incidents by the law and their comparison with the European Union and German legislation. The first part of this thesis is devoted to the general regulation of the initiation and conduct of incidental disputes, which is similar to the regulation of ordinary court proceedings, and therefore the emphasis is placed on the differences between these regulations and on highlighting the essential institutes related to the disputes arising from insolvency proceedings. The chapter also discusses the nature of the decisions rendered in these proceedings, the specifics of the costs of the proceedings and the nature of the various special types...
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Reorganisation and restructuring in Czech and European Law
Pume, Marek ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Reorganisation and restructuring in Czech and European Law This thesis deals with the Czech and European legal regulation of corporate bankruptcy rehabilitation. In the first part, the Czech variant of reorganisation in insolvency proceedings is analysed and then compared with the German and Dutch legislation. The phases preceding the decision to reorganise a company, such as the court moratorium, the drafting, approval and effects of the reorganisation plan, credit financing and the valuation of the debtor's assets are discussed. In the second part, this paper examines the Restructuring and Insolvency Directive accepted in 2019 by European Union and the reasons for its adoption. It outlines the possible ways of implementing this directive in the Czech legal system and the pitfalls that will have to be dealt with. It also explains the most important institutes introduced by the Directive, such as early warning systems, financing of the debtor and the elements of restructuring plans. Since the Directive has already been transposed into the laws of Germany, Netherlands and Greece, this paper also looks at the form of their arrangements. Finally, these types of corporate recovery solutions are compared, their advantages and disadvantages are presented, and the implications of the new institute of...
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