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Preventive Restructuring as Protection against Bankruptcy
DERMEKOVÁ, Petra
The topic of this thesis is the issue of preventive restructuring as protection against bankruptcy. It is a new and topical topic that solves the unfavourable economic situation of businesses and entrepreneurs in a different way than the insolvency law stipulates. Preventive restructuring has become part of the Czech legislative environment in response to the requirements of the European Union. The newly adopted law gives entrepreneurs the opportunity to restructure their companies in a timely and effective manner and thus avoid resolving their debt situation through bankruptcy. The thesis is focused on assessing whether there is any real hope in limiting or reducing the number of undesirable liquidations of viable businesses and enterprises due to this new aspect of Czech legal and economic life, as well as to evaluate the substance of business restructuring in comparison with the rules of insolvency law as a solution for negative economic situations of businesses.
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Directive on Preventive Restructuring and its implementation into Czech legal system
Vozka, Marek ; Hurychová, Klára (advisor) ; Eichlerová, Kateřina (referee)
v anglickém jazyce This Master's Thesis conducts a comprehensive analysis of preventive restructuring within the framework of Czech insolvency law, focusing on its practical applicability and benefits for commercial corporations facing financial difficulties. Special attention is given to the European Union Directive on preventive restructuring, aimed at harmonizing approaches to solution of financial difficulties across member states and providing effective tools to prevent business failure. The thesis examines the legislative framework of preventive restructuring, analyzes its implementation into Czech legal system, and compares it with approaches in other countries. Through theoretical examination and empirical data analysis, this thesis assesses whether preventive restructuring can be a suitable tool for financial rehabilitation and whether it can fulfil the expectations associated with its introduction. Key findings indicate that although preventive restructuring represents a debtor-friendly and less procedurally demanding approach, its real impact on the business environment in the Czech Republic will be limited. Empirical data suggest that since the introduction of the Insolvency Act, there has not been a significant increase in cases where bankruptcy is resolved through reorganization,...
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Reorganisation and restructuring
Blažek, Adam ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Reorganisation and restructuring Abstract This rigorous work is focused on the issue of reorganization and restructuring. The main goal of the author of this work is to describe some selected current and future remediation processes for entrepreneurs, especially taking into account their real usability in practice. The author specifically focuses on the institutes of reorganization, informal restructuring, and preventive restructuring. In addition to the above, the author considers the advantages and disadvantages of these institutes and critically evaluates their current regulation, while the author complements these critical considerations with de lege ferenda considerations, which aim to improve the functioning of restructuring processes in the Czech Republic. In order to achieve the above-mentioned goals, the author discusses the institute of reorganization in one of the introductory chapters, especially with regard to its actual success and usability in practice, focusing primarily on its current problematic issues. The author also focuses on the institute of the so-called pre-packaged reorganization, due to its consensual nature, which can serve as a source of inspiration for future restructuring institutes, which will have a basis built mainly on consensus between the debtor and his creditors. To...
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