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Action to supplement liabilities
Jirsáková, Sára ; Hurychová, Klára (advisor) ; Josková, Lucie (referee)
1 Action for the replenishment of the liabilities Abstract The topic of the diploma thesis is an action for the replenishment of the liabilities. The aim of the work is twofold, firstly to analyse in detail the elements of the institute and secondly, based on the analysis performed, to evaluate whether the institute fulfils the goals or at least has the potential to fulfil the goals with which it was adopted into the Czech legal order. The institute of an action for the replenishment of the liabilities is an adaptation of the French liability for deficiency in assets (responsabilité pour insuffisance d'actif), for this reason, in addition to the method of description, analysis and partially also synthesis, the method of comparison is also used in the work. The method of comparison is also used when comparing with the institute of sanction liability, which was replaced by the institute of an action for the replenishment of the liabilities. The diploma thesis is divided into an introduction, six chapters and a conclusion. In the first chapter, the author places the institute in context and thus defines the position of the institute as a so-called bankruptcy tort, its functions and nature. In this chapter, the author also generally introduces the French legal regulation and defines some terms of French...
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Denial acts in insovency proceedings
Perničková, Barbora ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
1 Denial acts in insolvency proceedings Abstract This rigorous thesis deals with the issue of acts of denial. The aim of the thesis is to provide a comprehensive interpretation of the process of denial of claims in insolvency proceedings, starting from the filing of the claim, through the review hearing, to the subsequent denial of the claim, which may lead to an in-court dispute if the entities entitled to deny the claim exercise this right. The work first discusses the individual procedural subjects of the right of denial, then focuses on the review hearing as a key stage for denying clamis, the individual methods of asserting claims under the Insolvency Act and then explores the process of denying claims itself, including the grounds for denial, the effects of denial and the differences in denial of enforceable or unenforceable claims. The most attention is paid to disputes over the authenticity, amount and order of claims, or opposition disputes, which in practice are the most common insolvency disputes, alongside other disputes under the Insolvency Act, such as counterclaim, exclusion action, disputes for damages for breach of duties by the insolvency administrator, action for the division of the community property of spouses and action for the invalidity of contracts by which the assets were realised...
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The insolvency administrator's procedure in incidental disputes and his procedural strategy
Sigmund, Adam ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
1 The procedure of the insolvency administrator in incidental disputes and his procedural strategy Abstract This text is focused on the description of the practical procedure of the insolvency administrator in incidental disputes. These are disputes arising and related to insolvency proceedings. Their administration is one of the major agendas of insolvency administrators, as a profession within the system of Czech insolvency law. The administration of incidental disputes, in contrast to, for example, the property agenda, is a purely procedural issue. The main aim of this text is to offer insolvency administrators a specific procedural strategy. Such a strategy shall include the procedure for (i) the drafting of the lawsuit, (ii) the processing of evidence, (iii) the conduct of court proceedings and (iv) the approach toward the judge. An effective procedural strategy for incidental disputes is an individual extension of the necessary minimum for the insolvency administrator, which is the fulfilment of his legal duties and obligations. An effective procedural strategy is also a competitive advantage and an individual feature of an insolvency administrator. I define the procedural strategy of an insolvency administrator in incidental disputes as a plan of activities of the insolvency administrator aimed at...
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Incidental disputes in insolvency proceeding
Gaierová, Klára ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this diploma thesis dedicated to the issue of incidental disputes in insolvency proceeding was to determine the incidental disputes in proceedings, categorize them systematically, outline their character and set a comprehensive overview of these disputes. Within the insolvency proceedings incidental disputes are largely solved as case law, which the author of this work deals within the description of the various types of disputes. The thesis is divided into fourteen chapters, which are further divided into subsections and parts. The first two chapters are devoted to insolvency proceeding in general, especially when the character and purpose of the insolvency proceeding as well as the conceptual definition of insolvency proceeding and its consequences are outlined, because without these underlying premise would be impossible to describe the issue as a whole. Incidental disputes have undergone throughout history certain development and as an incidental are spoken only in the 90s of the 20th century. The third chapter of the thesis is dedicated to the historical development of insolvency proceedings in Czech territory and comparisons applicable regulation of insolvency proceedings with modifications beginning in the 1781 and the issue of the general bankruptcy order compared to other...
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Creditors’ claims in Insolvency proceeding
Metzová, Nika ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This diploma thesis with the titled Creditors' claims in Insolvency proceeding deals with the possibility of setting up the claims of creditors in case that the court declared the debtor insolvent and was therefore initiated insolvency proceeding according to the Act no. 182/2006 Col., on Insolvency and Its Resolution (Insolvency Act). The introduction of the thesis also pays attention to other possibilities of enforcing and lodging the claims whether in extrajudicial proceedings or in proceedings before the court by filing an action against the debtor or in proceedings before the court or arbitration and subsequent recovery options of enforceable claims. The main aim of this thesis is to present a detailed analysis of the process of submission of claims in insolvency proceedings from the moment of initiation of the proceeding through submission of the claims to the insolvency court to their reviewing and their possible denial (together with adversary disputes) or their finding and final satisfaction. The chapter that describes the different types of claims is also closely related to the process of submitting, reviewing and satisfaction of claims as the type of the claim may determine whole process of its submission and satisfaction in the insolvency proceeding. Last chapters describe the satisfaction of admitted claims depending to the chosen method of the insolvency resolution and the destiny of unsatisfied of claims when the insolvency proceeding is over. At the end of the thesis is a practical example that should illustrate the procedure of filling the Claim submission form, including all elements of formal and content requirements.
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