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Discharge from Debts of an Entrepreneur in the Insolvency proceeding
Pleva, Vítězslav ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Topic of this work is an entrepreneur - a natural person in the insolvency proceeding, whose bankruptcy is solved through the discharge of debts. It attempts to identify problematic issues of the current legislation, which might adversely affect the course of insolvency proceeding. The work deals primarily with the subjective admissibility of the discharge of debts and with to date development in that matter which will be explained on the ground of previous decisions of superior courts. It also describes the operation of the enterprise, which is in the process of the discharge of debts, and the status of the creditors, who participate in the enterprise's performance. It deals also with the income of an entrepreneur and its usability in pursuance of the discharge of debts including the different judicial practice in assessing sufficient income for the permission of the discharge of debts. And finally, it addresses the issue of a business risk and the liability of the entrepreneur with a special emphasis on the entrepreneur's liability for a timely filing of a proposal, the shift of the business risk on a third party and last but not least the consequences of the insolvency proceeding on running a business.
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Protection of the environment and the right of ownership
Pleva, Vítězslav ; Sobotka, Michal (advisor) ; Drobník, Jaroslav (referee)
This thesis focuses on analysis of a positive relationship between a person exercising property rights and natural environment; this relationship is a fundamental part of protection of natural resources in our country. The first, more general, part of the thesis displays the history of environmental protection that was closely interrelated with the property right. This part also defines what is the environment and what is the property right as well as it looks closely at the relationship between the two, which is specified by both constitutional and civil law. The second, more specialized, part examines instruments that the proprietor has at their disposal for the environmental protection. In the field of substantive law it deals with civil institutes for peacebuilding and self-help, public law contract with regards to the Administrative Procedure Code, economic incentives in the area of tax-subsidy policies, and it also points out some of the basic civil rights and tort liability. Concerning the area of procedural law, this thesis analyses present-day problems that an individual faces with regards to procedures of environmental protection and such. It also intends to criticize current regulation of public access to judicial reexamination of individual administrative acts in the light of Aarhus...
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