|
|
Assets in insolvency proceedings
Marian, Daniel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The subject of this thesis is the institute of assets, one of the fundamental legal institutes of insolvency proceedings, which plays an absolutely crucial role in the process of solving the debtor's bankruptcy and the satisfaction of the debtor's creditors. The purpose of this thesis is not to cover the legal institute of assets in all its breadth, but to try to present the legislation on assets and important legal institutes related to it in the Insolvency Act in context of insolvency proceedings. Furthermore, this thesis works with the conclusions of the judicial practice of insolvency courts, presents thoughts on the current state of the Insolvency Act and defines certain areas, in which amendments to the Insolvency Act should occur in the future. This work is divided into nine chapters with regard to the legal provisions of the Insolvency Act governing the institute of assets. After a brief introduction the first chapter deals with the historical development of insolvency law, the Insolvency Act and the definition of assets. The second and third chapters are focused on the extent and content of the debtor's assets in insolvency proceedings, including related institutes of invalidity and ineffectiveness of legal actions. The fourth chapter defines the process of identifying assets and the rights...
|
|
|
Reorganization and its importance in Czech insolvency law
Marian, Daniel ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
v anglickém jazyce The subject of this thesis is reorganization as a method of resolving a debtor's insolvency or imminent insolvency pursuant to the Insolvency Act. This thesis analyses the current legal regulation on reorganization, evaluates the existing empirical studies and presents the results of its own empirical research into the reorganizations which were permitted in the years 2014 to 2017. This thesis also seeks to answer whether reorganization truly represents a rehabilitation process and whether it can be considered a basic method of resolving insolvency next to bankruptcy, as originally envisioned by the legislators whilst enacting the Insolvency Act. Furthermore, whether or not the so- called "Revision Amendment" had any positive effect on reorganizations is also researched. Last but not least, this thesis deals with reorganization from the perspective of de lege ferenda and its importance for Czech insolvency law. First of all, this thesis shows that reorganization is not a purely rehabilitative process but that it can also have liquidation effects. The classification of reorganization as a rehabilitation method of resolving bankruptcy is therefore inaccurate. Furthermore, it is shown that the Revision Amendment to the Insolvency Act does not have any significant positive practical...
|
|
|
Assets in insolvency proceedings
Marian, Daniel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The subject of this thesis is the institute of assets, one of the fundamental legal institutes of insolvency proceedings, which plays an absolutely crucial role in the process of solving the debtor's bankruptcy and the satisfaction of the debtor's creditors. The purpose of this thesis is not to cover the legal institute of assets in all its breadth, but to try to present the legislation on assets and important legal institutes related to it in the Insolvency Act in context of insolvency proceedings. Furthermore, this thesis works with the conclusions of the judicial practice of insolvency courts, presents thoughts on the current state of the Insolvency Act and defines certain areas, in which amendments to the Insolvency Act should occur in the future. This work is divided into nine chapters with regard to the legal provisions of the Insolvency Act governing the institute of assets. After a brief introduction the first chapter deals with the historical development of insolvency law, the Insolvency Act and the definition of assets. The second and third chapters are focused on the extent and content of the debtor's assets in insolvency proceedings, including related institutes of invalidity and ineffectiveness of legal actions. The fourth chapter defines the process of identifying assets and the rights...
|
guest ::
