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International insolvency law
Čermák, Jan ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
This diploma thesis deals with the topic of international insolvency law, in particular with certain areas of European insolvency law, with an emphasis on the matters of international jurisdiction for opening of main and territorial insolvency proceedings and international jurisdiction to hear actions related to insolvency proceedings. Furthermore, this diploma thesis is aimed at evaluation of the Czech legislation regarding cross-border insolvencies. The legal framework for European insolvency law was incorporated into the Insolvency regulation in 2002. Due to disagreements between certain member states of the EU regarding some of the important institutes of cross-border insolvencies the Insolvency regulation often contains vague provisions. It, therefore, fell to the Court of Justice of the European Union to provide interpretation of such ambiguous clauses. In 2012 the European commission created a report on the application of the Insolvency regulation and simultaneously presented a long awaited proposal for modernisation of the European insolvency law in the form of the Insolvency regulation recast. The aim of the Insolvency regulation recast is to promote cooperation between member states in the matter of cross-border insolvency proceedings. Additionally, it codifies a substantial part of the...
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European insolvency law changes in connection with regulation EU 2015/848
Hrdý, Bohuslav ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Historically, the insolvency proceedings are a matter of the national states and their own legal regimes. With progressive European integration, the undertaking activities grow over the national levels. Also with numerous cases of defaults of companies undertaking in different states of European Union, a request for regulation setting clear set rules for performance of multijurisdictional insolvency proceedings in European Union is made. At the beginning of the twenty first century the European regulation ES No. 1346/2000 on insolvency proceedings (the "Regulation") has become this set of rules. This Regulation, which among others stayed valid throughout the biggest financial crisis that European Union had come through and it is now becoming a quality ground on which the European Parliament is trying to establish its recast the regulation of European Parliament and Council (EU) 2015/848 on insolvency proceedings (the "Recast"). The interpretation of original Regulation was done by the European Court of Justice on several occasions. This interpretation helped on successful use of the Regulation. Based mostly on European Court of Justice decision making and international insolvency law experts opinion, the Recast has been prepared. The legal framework of the Regulation is therefore much widened. Many of the...
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International insolvency law
Čermák, Jan ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
This diploma thesis deals with the topic of international insolvency law, in particular with certain areas of European insolvency law, with an emphasis on the matters of international jurisdiction for opening of main and territorial insolvency proceedings and international jurisdiction to hear actions related to insolvency proceedings. Furthermore, this diploma thesis is aimed at evaluation of the Czech legislation regarding cross-border insolvencies. The legal framework for European insolvency law was incorporated into the Insolvency regulation in 2002. Due to disagreements between certain member states of the EU regarding some of the important institutes of cross-border insolvencies the Insolvency regulation often contains vague provisions. It, therefore, fell to the Court of Justice of the European Union to provide interpretation of such ambiguous clauses. In 2012 the European commission created a report on the application of the Insolvency regulation and simultaneously presented a long awaited proposal for modernisation of the European insolvency law in the form of the Insolvency regulation recast. The aim of the Insolvency regulation recast is to promote cooperation between member states in the matter of cross-border insolvency proceedings. Additionally, it codifies a substantial part of the...
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The issues of guasi-personality in business law
Pelikán, Robert ; Štenglová, Ivanka (advisor) ; Černá, Stanislava (referee) ; Dědič, Jan (referee)
Imperfect Personality in Commercial Law Robert Pelikán Abstract In the theory of law, legal personality (the terms "legal person" and "legal personality" are used in this text in their continental sense, i.e. describing both non-human and human entities and their legal capacity) is usually seen as a simple quality having only values, true or false. The existing theories of legal personality were, therefore, trying to find such characteristics of legal personality, which will fully describe all legal persons existing in practice. Such an effort had to fail or, more precisely, the process of search for such a common denominator had to result in the disappearance of all the key characteristics necessary for understanding of the phenomenon of legal personality. The exploration of legal personality must hence begin with the finding that legal personality is not a quality having only values - true or false - but rather a full scale of values from nil to a (rarely seen) full legal personality, moreover appearing in many dimensions. In order to duly explain the phenomenon, the theory must not search for a common denominator of existing persons, but describe the concept of full legal personality and explain the consequences of imperfection of existing legal persons in any of such qualities. Those requirements cannot...
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