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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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Liquidation of companies in the legal theory and practice
Jandová, Aneta ; Pikola, Pavel (advisor) ; Cvik, Eva Daniela (referee)
Bachelor thesis deals with the issue of the liquidation of business corporations. In the introduction, it evaluates the legislation based on the already invalid the Commercial code and further arises of the currently applicable legal standards. It is outlined the legal status of business companies in the next section, their structure and basic schemes of their functioning in the individual stages, i.e. the establishment, the formation, the transformation and the dissolution of companies. Detailed attention is then paid to the process of liquidation, its legislation, the procedure of liquidation and the role of the liquidator. Within the framework of the liquidation process and the position of the liquidator is in detail treated the issue of disposal ordered by the courts, of which induced the specific role of the liquidator and in all stages up to the deletion from the commercial register. It is discussed in the next section about the issue and regulation of insolvency proceedings. In connection with the agenda of liquidations ordered by the court, the agenda of the courts is to outline in case of the judicial liquidation, and the timing of development and with a range of the business register. The practical part deals with the liquidation process of two specific companies where is shown the difference in the case of a company, which leads to liquidation of assets and the distribution of the liquidation balance and the company over-indebted, which does not occur not to cover the costs of the liquidation. The details are outlined the necessary costs of the liquidation and specific steps the liquidator. The financial analysis, which is assessing the selected indicators of indebtedness, it is part of the practical part. Conclusion of the work presents the view to amend the rules governing the activities of commercial companies, when in order to avoid the costs of the liquidation state-funded, it would be appropriate to introduce an obligation of the founders to pay a security deposit for those cases, when the company established.
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