|
|
Institute of debt relief in the light of amendments of the Insolvency Act
Majerová, Kristýna ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Institute of debt relief in the light of amendments of the Insolvency Act Abstract The rigorous thesis is aimed at a thorough analysis of the debt relief process from the perspective of a judicial assistant of an insolvency court judge, not only in theoretical but especially in practical terms. Individual chapters correspond to the systematisation of the Insolvency Act, while taking into account the shortcomings of the legislation that lead to interpretation or application difficulties in insolvency practice. A key role in this respect is played by case law, which further regulates and unifies some institutes, while contributing to the excessive formalism of judicial practice in other cases. The thesis is structured into seven chapters that provide a comprehensive view of the process of debt relief. The first one focuses on the basic principles, concepts and sources of legal regulation, including the so-called Lex Covid laws. Insolvency law is a very distinct branch that has undergone a really dynamic development in recent years. In this respect, a significant role was played primarily by the so-called debt relief amendment, which fundamentally redefined the conditions of debt relief in favour of debtors. The concept of chapters two to five corresponds to this. They take into account the continuous process...
|
|
|
Businessman as a subject of insolvency proceedings
URBANCOVÁ, Markéta
The aim of the diploma thesis is directed at the process of insolvency proceedings, in which the businessman acts as a debtor, or the so-called subject of insolvency proceedings. The theoretical part deals with the basic concepts, subjects of procedural proceedings and the insolvency process itself. It discusses ways of resolving the debtor's bankruptcy and does not omit significant recent changes in the insolvency law, nor historical developments in the field of insolvency. In the practical part, the insolvency register is a supporting source in data collection. For the purposes of the diploma thesis, we work with real subjects, ie. insolvent debtors. In the analysis of individual cases, the greatest emphasis is placed on the debt relief amendment No. 31/2019 Coll. IZ. The aim of the thesis is to analysis insolvency proceedings from the point of view of entry conditions of businessman in debt relief before and after a significant change in the Insolvency Act in 2019, evaluate the impact on businessman and find out whether the amendment generally contributed to streamlining insolvency proceedings.
|
|
|
The status of the insolvency practitioner within the insolvency proceedings and a supervisory activity of the court
Zezulka, Ondřej ; Dvořák, Bohumil (referee)
1 Název disertační práce v anglickém jazyce, abstrakt, klíčová slova The status of the insolvency practitioner within the insolvency proceedings and a supervisory activity of the court Abstract The thesis presents to readers both theoretical and historical background of the insolvency practitioner profession, characteristic attributes of performing function of the insolvency practitioner and a basis of so-called supervisory activity of an insolvency court over various subjects of the insolvency proceedings. The second chapter is dedicated to the central topic of the thesis which resolves the issue of the status and performance features of the insolvency practitioner within the insolvency proceedings. The interpretation exposes an ambivalent theoretical background supporting the profession of insolvency practitioner and fragmentation of opinions held by the professionals as to his genuine position within a judiciary system; these vary from private entrepreneurship towards an entity entrusted with public authority competences close to judicial commissioner. The next chapter comprehensively analyses a position of the insolvency court within the insolvency proceedings. The effort of the author is prevailingly directed to uncover the context between categorical requirements (principles) on conducting insolvency...
|
|
|
The status of the insolvency practitioner within the insolvency proceedings and a supervisory activity of the court
Zezulka, Ondřej ; Winterová, Alena (advisor) ; Smolík, Petr (referee) ; Petrov, Jan (referee)
1 Název disertační práce v anglickém jazyce, abstrakt, klíčová slova The status of the insolvency practitioner within the insolvency proceedings and a supervisory activity of the court Abstract The thesis presents to readers both theoretical and historical background of the insolvency practitioner profession, characteristic attributes of performing function of the insolvency practitioner and a basis of so-called supervisory activity of an insolvency court over various subjects of the insolvency proceedings. The second chapter is dedicated to the central topic of the thesis which resolves the issue of the status and performance features of the insolvency practitioner within the insolvency proceedings. The interpretation exposes an ambivalent theoretical background supporting the profession of insolvency practitioner and fragmentation of opinions held by the professionals as to his genuine position within a judiciary system; these vary from private entrepreneurship towards an entity entrusted with public authority competences close to judicial commissioner. The next chapter comprehensively analyses a position of the insolvency court within the insolvency proceedings. The effort of the author is prevailingly directed to uncover the context between categorical requirements (principles) on conducting insolvency...
|
|
|
Problems of the insolvency law in the practice of insolvency court
Šváb, Vojtěch ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Problems of the insolvency law in the practice of insolvency court Abstract This rigorous thesis deals with the Insolvency Act and the problems and uncertainties contained in it, which people working with it (especially insolvency courts) encounter in their practice. The rigorous thesis is divided into five main parts, four of which are further divided into chapters. The first part serves as a depiction of the long-term historical development of bankruptcy law, the beginnings of which can be found in Roman law. Emphasis is placed especially on the Bankruptcy and Settlement Act and the Insolvency Act and especially on the number of their amendments. The second part deals with the problematic provisions of the general part of the Insolvency Act and deals with the provisions describing the insolvency proceedings before the declaration of bankruptcy as well as the provisions that will apply during the entire insolvency proceedings. This part is therefore the most extensive. The following two parts are devoted to the special part of the Insolvency Act. The third part describes the imperfections of the bankruptcy solved by liquidation, of which, however, there aren't as many as in other parts of the Insolvency Act, a fact that the author connects to the history of bankruptcy law in the Czech Republic, in...
|
|
| |
|
|
Discharge from debts by individuals doing business - the possible effects on the economy
BLÁHOVÁ, Jana
The topic of this thesis is Discharge from debts by individuals doing business - the possible effects on the economy. The aim of the diploma thesis is to introduce and to evaluate the discharge from debts of individuals-businessmen as one of the rehabilitative solutions of insolvency. In the first part, we get acquainted with development of legislative adjustment of insolvency law, course of the insolvency proceedings and process subjects. The thesis follows with introducing methods of solving the insolvency of a debtor. The main part of the thesis discusses the issue of discharge from debts of businessmen in detail including formulation of calculation of repayment and evaluation of suitability of this approach to solution of business debts based on data from publicly available sources. In the last part, we focus on assessing the degree of burden on borrowers and creditors and possible impacts on the economy. In the conclusion there are summarized all learned facts.
|
|
|
Insolvency proceedings in terms of periods and time limits
Douda, Jiří ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This diploma thesis deals with insolvency proceedings in terms of periods and time limits. The main objective of this thesis is to verify two hypotheses stated in the introduction. Author concentrates on the meaning of the periods and time limit since the ages of Roman law. Author is also paying attention to detailed analysis of law n. 182/2006 Sb., about bankruptcy and ways of its solutions (hereinafter insolvency law), as subsequently amended, which obtain treatises about the period or time limits. Author also evaluates the benefit of the insolvency law amendments, which will become effective in summer of 2017, and he will also propose law amendment de lege ferenda including possible impacts, which can be brought by this amendment, in the conclusion.
|
|
|
Discharge of debts by fulfilment of the instalment schedule
Sandholzová, Lucie ; Hásová, Jiřina (advisor) ; Kříž, Radim (referee)
The diploma thesis deals with insolvency proceedings where the debtor's bankruptcy is solved by discharge of debts by fulfilment of the instalment schedule. The aim of the thesis is to verify three hypotheses expressed in the introduction. The author evaluates bill amending Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), as amended, and certain other acts, which should become effective on 1 September 2016, particularly in the context the provision of services in the elaboration of an insolvency petition relating to the proposal to permit debt relief. More attention is paid to the performance of debt relief instalment schedule, especially Deductions from income of the borrower when one income, foreign income and income arising from the donation agreement or contract for retirement. The paper also compared the liquidation of seized property of the debtor in insolvency proceedings and enforcement proceedings. Finally, the work contains several proposals de lege ferenda, opinions of the author and their own approaches to solving problems associated with Discharge of debts by fulfilment of the instalment schedule.
|
guest ::
