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Insolvency delicts under the Business Corporations Act
Kuta, Petr ; Hurychová, Klára (advisor) ; Eichlerová, Kateřina (referee)
Insolvency delicts under the Business Corporations Act Abstract The thesis deals with the very up-to-date topic of insolvency delicts under the Business Corporations Act, the legal regulation of which has undergone fundamental conceptual changes in recent years. The amendment of Business Corporations Act (the "amendment")1 brought a completely new form of the actus reus of the insolvency delict, which unified the previously disparate and unjustifiably differentiated legislation. In this context, the procedural aspect of the legislation has also been redesigned by introducing joint proceedings on insolvency delicts, which are now a part of the insolvency proceedings. Additionally, the regulation of insolvency sanctions as liability consequences for the commission of a insolvency delict has also been clarified, with the former sanction of liability for the debts of a bankrupt business corporation being completely replaced by a whole new concept of "liability for lack of property" inspired by French law. These changes to the legislation are set out in the context of the objectives pursued by the amendment and in the light of the general meaning and purpose of the legislation, which is, in particular, to protect the property interests of the creditors of the bankrupt business corporation. The interpretation is...
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Insolvency delicts od business corporation's governing body members after major amendment to the Business Corporations Act
Prošek, Jan ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
1 Insolvency delicts od business corporation's governing body members after major amendment to the Business Corporations Act Abstract This work, Insolvency delicts od business corporation's governing body members after major amendment to the Business Corporations Act, focuses first on the institutes of care of good stewardship and business judgment, which are the key basis for the application of penalties for insolvency torts. Furthermore, this work discusses the issue of insolvency torts and their penalties before the major amendment to the Business Corporations Act and their adjustment after this amendment. The aim of the thesis is to introduce the reader to the issue of insolvency torts and their penalties, then to evaluate both of these adjustments and compare their most fundamental changes. In this context, the work also includes the elaboration of the most relevant case law to date, which will be strongly reflected in future decisions on the application of penalties for insolvency torts, as amended, especially in matters of due diligence and business judgment. At the same time, this work contains the elaboration of the most fundamental questions that often arose during the application of penalties for insolvency torts before the amendment and whether and possibly what solution was reached in this...
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