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Cross border insolvency law
Kunštát, Karel ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
This diploma thesis entitled "Cross border insolvency law" is focused on the issue of international jurisdiction to open insolvency proceedings with a foreign element and on related topics, such as the concept of COMI and its interpretation. The thesis then contains relevant theoretical and regulatory milestones in the development of cross-border insolvency law and its approach to determining the international jurisdiction. The core part of the thesis is to answer these questions 1) what are the characteristics of cross-border insolvency law used within the EU 2) how does the European law view the concept of international jurisdiction 3) from a practical point of view how is the decision on international jurisdiction to initiate main insolvency proceedings made 4) and finally which components are central for the determination of COMI. To answer these questions, this thesis examines the legislation at the European and national level, its development and interpretation by jurisprudence. Great deal of attention is aimed at the Council Regulation (EC) No. 1346/2000 on insolvency proceedings and the new Regulation (EU) 2015/848 on insolvency proceedings, which focuses on strengthening the internal European market by introducing a more comprehensive insolvency solution in the European Union. Therefore it...
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Current issues of cross-border insolvency proceedings
Střížová, Veronika ; Bříza, Petr (referee)
The aim of this PhD thesis is to analyse the current status of European insolvency law and with the help of both national and European judicial decisions put together an overview of practical obstacles that insolvency courts, debtors, creditors and insolvency trustees across Europe are facing when dealing with cross-border insolvencies. At the very core of this topic stands the European Insolvency Regulation ("EIR") which was adopted in 2015 and is effective within the member states as of June 2017. Since this regulation was put together as a recast of its predecessor, i.e. the original insolvency regulation adopted in 2000 and effective as of 2002, naturally this research is oriented at comparing the two legislative acts and mainly assessing whether or not the recast EIR managed to overcome some of the inconsistencies in the wording of the original EIR, often resulting in conflicting interpretations and a great deal of preliminary rulings filed with the Court of Justice of the EU. Apart from looking into good old instruments of private international law such as the scope, the jurisdiction, the choice of law and the recognition and enforcement rules governed by the EIR, this thesis also focuses on topics that are very bankruptcy-specific and dissimilar to anything we know from other fields of law....
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Current issues of cross-border insolvency proceedings
Střížová, Veronika ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
The aim of this PhD thesis is to analyse the current status of European insolvency law and with the help of both national and European judicial decisions put together an overview of practical obstacles that insolvency courts, debtors, creditors and insolvency trustees across Europe are facing when dealing with cross-border insolvencies. At the very core of this topic stands the European Insolvency Regulation ("EIR") which was adopted in 2015 and is effective within the member states as of June 2017. Since this regulation was put together as a recast of its predecessor, i.e. the original insolvency regulation adopted in 2000 and effective as of 2002, naturally this research is oriented at comparing the two legislative acts and mainly assessing whether or not the recast EIR managed to overcome some of the inconsistencies in the wording of the original EIR, often resulting in conflicting interpretations and a great deal of preliminary rulings filed with the Court of Justice of the EU. Apart from looking into good old instruments of private international law such as the scope, the jurisdiction, the choice of law and the recognition and enforcement rules governed by the EIR, this thesis also focuses on topics that are very bankruptcy-specific and dissimilar to anything we know from other fields of law....
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Insolvency of members of a group of companies
HOŠKOVÁ, Tereza
The aim of the bachelor thesis is to analyse the newly adopted European Regulation (EU) No. 2015/848 as of 20 May 2015 on Insolvency Proceedings (the "Regulation") that shall enter into force in June 2017, especially as regards cross-border insolvency of group of companies. The theoretical part of the thesis introduces the background of European legislation in the field of international private law and concentrates especially on pieces of legislation regu-lating the insolvency proceedings. The thesis analyses the reasons for general recast of the regulation as well as reasons for extension of the scope of the regulation by the rules for cross-border insolvency of group of companies. The practical part consists of a simulation of cross-border insolvency proceedings where a group of companies is concerned. It also contains template documents and charts for the use of insolvency courts and insolvency trustees.
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