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The property estate in insolvency proceedings
Chuchro, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This thesis deals with two main topics: the insolvency proceeding in Czech republic according the Incolvency Code, and the Institute of assets. It also provides short comparision of the chosen legal institutes of the assets between Czech and German insolvency codes. The purpose of this thesis is to define and describe the incolvency proceeding and the institute of assets and to evaluate the regulation of the Incolvency code and to predict the possible course of its future changes. The insolvency proceeding in Czech republic is a part of civil proceeding, and it is very specific because of its purpose, which is to solve the bankrupcy of the debtor and to achieve the maximum able repayments for his creditors. That is the reason why the insolvency proceeding must have its own specific legal principals and many specific rules devoted to achieve its purpose, so the Insolvency code includes many rules to prevent the possible misuse of these institutes for some other goals. This thesis deals with the subjects of the insolvency proceeding and their interests in the proceeding, their duties and competences and with their mutual relationships. The most importatnt of these subjects is the insolvency administrator, who is mainly responsible for the creation, administration and the final selling of the assets. This...
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Assets in insolvency proceedings
Marian, Daniel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The subject of this thesis is the institute of assets, one of the fundamental legal institutes of insolvency proceedings, which plays an absolutely crucial role in the process of solving the debtor's bankruptcy and the satisfaction of the debtor's creditors. The purpose of this thesis is not to cover the legal institute of assets in all its breadth, but to try to present the legislation on assets and important legal institutes related to it in the Insolvency Act in context of insolvency proceedings. Furthermore, this thesis works with the conclusions of the judicial practice of insolvency courts, presents thoughts on the current state of the Insolvency Act and defines certain areas, in which amendments to the Insolvency Act should occur in the future. This work is divided into nine chapters with regard to the legal provisions of the Insolvency Act governing the institute of assets. After a brief introduction the first chapter deals with the historical development of insolvency law, the Insolvency Act and the definition of assets. The second and third chapters are focused on the extent and content of the debtor's assets in insolvency proceedings, including related institutes of invalidity and ineffectiveness of legal actions. The fourth chapter defines the process of identifying assets and the rights...
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Administration of the estate in case of resolution of the debtor's insolvency by bankruptcy
Havrda, Vít ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Administration of the estate is one of the most important activities in insolvency proceedings, when debtor's insolvency is resoluted by bankruptcy. Everyone can see information about the administration's results in Insolvency Register. The procedure of it is not well known nonetheless. The goal of the thesis is to enlighten the procedure of administration of the estate (including defining its content) since declaration of debtor's insolvency, when the authorization to dispose of the estate is held by insolvency administrator and to point out some relatively new legislative changes and its problems. Diploma thesis is divided into eight chapters, where there is gradual analysis of administration of the estate from the beginnings of insolvency proceedings and declaration of bankruptcy to realization of the estate and canceling the bankruptcy. The first chapter brings short review of historic legislation and tries to point out some similarities of roman bankruptcy law and present legislation. The second chapter describes initiation of insolvency proceedings, declaration of debtor's insolvency and it defines insolvency administrator and the way of his election by insolvency court. Following chapters are the core of the thesis. The third chapter pursues the declaration of bankruptcy itself and...
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Debtor's estate in insolvency proceedings focusing on realisation of immovable things
Hafner, Jakub ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Resumé AJ Bankrupt's estate is the cornerstone of bankruptcy proceedings, also known as insolvency proceedings, and serves as the initial point for this thesis. Without the knowledge of the scope of this term and its interconnection with other institutions it would not be possible to achieve one of the main aims of insolvency proceedings, the satisfaction of creditors' claims. The main focus of this work is realization of immovable property, i.e. the process of transformation of property included in the list of bankrupt's estate, during which the insolvency trustee must proceed in accordance with the instruction of the secured creditor. Ideally, security of the creditor shall be chosen from one of the methods in the enumerative list provided for by the Insolvency Act. The goal of the thesis is to define the process of realizing immovable property in a comprehensive manner, and to evaluate positives and negatives of the respective methods, including their practical aspects. The work is divided into eight chapters, which are composed to reflect the overall image of the process of realizing the bankrupt's estate, beginning with the term proper and ending with the resolution on the release of the yield of realization to the creditor. The first chapter provides a brief introduction of the issue as well as giving...
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Assets
Ryšlavý, Dalibor ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
The aim of this thesis is mainly define Institute of assets within the meaning of the Insolvency Act. This thesis is also interested in two important terms, Insolvency register and Insolvency administrator. This Thesis deals with the activity and competencies of the insolvency administrator in the process of determination and listing the assets. This thesis also deals with invalidity and unenforceability of legal acts, which reduce the assets. This thesis deals compared Insolvency Act and the older Act on Bankruptcy and Composition and author's de lege ferenda ideas as well. Attention being paid is also insolvency proceedings with European international element contained in Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.
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Insolvency proceedings and their application in practice
Arnold, Edita ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
In this work, I have focused on solving problems of analysis of the debtor's bankruptcy in the Czech Republic in terms of its practical application. I interpreted the relevant provisions of the Insolvency Act relating to the issue of insolvency proceedings, and I tried to explain some of the problems that have occurred in connection with the application of the insolvency law. Work is conceived so as to explain the issue of resolving insolvency of the debtor in general. Individual chapters provide a general interpretation of the issue, both in terms of the Insolvency Court, which decides on insolvency proposals from the perspective of the legislature, trustee in bankruptcy, the creditor and the debtor. Given the scope of this study was important to examine the individual sub- problems of certain statutory provisions in detail. However, where they have been in practice for common problems and where there was confusion, there was given to wider attention to this issue. The work is complemented about judicial decisions, where are application problems practically interpreted.
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Legal relationships to bankrupts estate in insolvency proceedings
Ďurovičová, Petra ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
English summary The aim of my thesis is to analyze the Institute of assets in insolvency proceedings, which will try to break down with regard to the structure of the provisions governing it in the Insolvency Act and also to make a comparison with the bankruptcy in the Act on Bankruptcy. With regard to the re-codification of private law and consequently the planned amendment to the Insolvency Act, it is necessary to further outline the changes of assets which that amendment would bring. I chose the topic of my thesis because of interest in the legal industry and also because of the knowledge of insolvency law with regard to the increasing importance of this area of law as a result of the increasing number of bankruptcies. The thesis is divided into six chapters dealing with various aspects of the assets. The first chapter provides a basic definition of assets and defines its scope, which is different according to the person lodging the bankruptcy petition. This chapter also sets out specific things, rights and other assets belonging to the assets or y those that do not belong. The second chapter discusses the process of identifying the contents of the assets. This chapter describes the different procedures and privileges of insolvency administrator. It also describes the obligation of debtor, public...
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Assets
Beránková, Jana ; Zoulík, František (advisor) ; Smolík, Petr (referee)
Thesis, theme: Assets Author: Jana Beránková English Summary Assets in the insolvency proceedings is the subject of the submitted thesis. Assets is one of the fundamental legal institutions in insolvency proceeding, which forms the basis of the solution of the bankruptcy. Thanks to the precise definition of assets, accurately defined inventory of assets, and its breakdown (in relation to the debtor, creditors, and other persons), there is a fundamental and qualitative change as opposed to the legislation of the law on bankruptcy and settlement. This significant change occurred on the day of January the first 2008, when the Czech law of insolvency entered a new phase. The new insolvency act was passed, and at the same time the law on bankruptcy and settlement was invalidated. The new legislation does not solve bankruptcy only of the bankruptcy and composition, it uses the general concept of defaults that suggests this is a completely different solution concept. The insolvency area is understood much more comprehensively. The bankruptcy act use not the term "bankruptcy", but the assets. It's completely new term and new defininition of contents, not just the change of the name. In the original treatment the term bankruptcy applies onl y to the bankruptcy proceedings. On the contrary, the bankruptcy act defines...
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Insolvency administrator and his position in insolvency proceedings
Karcolová, Kornélia ; Zoulík, František (advisor) ; Zoulík, František (referee)
The subject of the thesis is an analysis of the insolvent administrator of the Institute in accordance with current legislation. The work is divided into 6 chapters: The first chapter with the name of the Institute of the insolvent person/Administrator- discussed sources of legislation and the conditions for the exercise of the functions of the insolvency administrator. The second chapter discussed of the performance of the insolvency administrator, primarily focuses on the provisions of the function. The third chapter defines the concepts of preliminary, separate the insolvent the administrator and guest. The core of the work - the fourth chapter is devoted to the rights and obligations of the insolvent the administrator in the performance of the function, first, in General, then, according to a specific solution. The fifth chapter is named the responsibility of the administrator, which is discussed in the chapter. The final, the sixth chapter is devoted to the remuneration and reimbursement of expenses of the insolvency administrator finished. In the focus is also on the comparison of the new legislation with the regulations referred to in ZKV.
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Insolvency proceedings in legal theory and practice in the Czech Republic
Zelníček, David ; Pikola, Pavel (advisor) ; Pavla, Pavla (referee)
This diploma thesis "Insolvency proceedings in legal theory and practice" is focused primarily on insolvency proceedings, in particular the principles and conditions of insolvency proceedings as a whole, the theoretical and practical concepts. Part of the work is focused so-called remediation of non-liquidation means of resolving insolvency and debt relief. This work is based on formal sources listed in the bibliography, legislation, professional journal articles and Internet resources. Work is also conceived partly from a practical point of view, when there is elaborated the specific case of insolvency proceedings, pointed out the difficulties of the procedure and the possible concept designed to streamline management, consisting of the decision of judicial practice.
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