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The solution of bankruptcy in the form of reorganization
Horák, Jan ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Title of the Master's thesis: The solution of bankruptcy in the form of reorganization Summary The main objective of this diploma thesis is to provide a sufficient description and analysis of the solution of bankruptcy in the form of reorganization which is regulated by the Act. No. 182/2006 Sb. The complex issue of reorganization is essentially a method for non-liquidation solution of bankruptcy usable only in the case when a debtor is an entrepreneur. It uses various methods of restructuring debtor's business in order to satisfy the creditors to a greater extent than in the case of liquidation solution of bankruptcy. The thesis is divided into fifteen chapters that are further divided into subchapters. Chapter one briefly describes the history of bankruptcy law. The second chapter is an explanation of nature of insolvency law focusing also on the economic aspect of insolvency. The following chapter defines bankruptcy within the meaning of applicable legislation. The existence of bankruptcy is essential for insolvency proceedings at all. The most important subjects of insolvency proceedings are parties to the proceedings. Their position is described in detail in the fourth chapter. Chapters five to thirteen then provide detail analysis of the institute of reorganization. There is provided a definition of...
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Mass actions in Czech civil procedure
Novotný, Vojtěch ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Group actions in Czech procedural law Summary The thesis deals with an issue of group actions, which is a legal instrument of collective protection of private rights in civil proceedings. The aim of this thesis is to analyze this procedural institute, to point out shortcomings of current legislation and to propose it's acceptable solution. The thesis is divided into three relatively independent sections. The first section focuses on theoretical basis (including a brief outline of the historical development) and defines basic terminology used in the thesis. Then it describes the most general division of the collective enforcement mechanisms into a group action and a representative action. The second section concentrates on legislative schemes of group actions in certain foreign jurisdictions. Specifically, it deals with a legal conception of class action in the legal system of the USA, where it is applied as a kind of a opt-out group proceedings (group members, who does not agree with adjudication of their claims, may opt-out), then it deals with opt-in group proceedings in Sweden (group members can be required to enter the suit individually) and finally it describes a German model proceedings in capital market disputes, which represents a compromise between individual and collective proceedings. The third...
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Application for an appeal review on the points of law in civil procedure
Polánský, Adam ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Resumé The official title of my thesis is Application for an appeal review on the points of law in civil procedure. The main objective of this thesis is to describe the development of an institute of an application for an appeal review throughout the legal history of the civil procedure in the area of the Czech Republic up to current state, with a particular focus on the conditions of admissibility of such application and its essentials. My thesis is composed of three chapters. The first chapter is to introduce the reader to the historical development of an application of an appeal review from the very beginning in the 18th century up to date. In particular, the landmark Constitutional Court decision (sp. zn. Pl. ÚS 29/11) is emphasized in the end of the chapter. The second chapter deals with the actual legislation of an application for an appeal review in The Code of Civil Procedure. Its main goal is to describe this institute as whole. It is also to provide the reader with further analysis of some controversial issues of the actual legislation as the conditions of admissibility of an application and its essentials required by the law. Finally, it manifests the attitude of the judiciary towards these problematic features of the actual legislation. The third chapter contains the brief explication about an...
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Arbitration proceedings in the Czech Republic
Šolín, Karel ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The theme of this thesis is the arbitration proceedings in the Czech Republic, which is one of the alternative disputes resolutions. The goal of this thesis is to provide a complete summary of legal regulation of the arbitration proceedings. The thesis is divided into eight chapters. The first three chapters deal with general issues of the arbitration proceedings. The first chapter which is further subdivided into six subchapters is focused on the basic definition of the arbitration proceedings, its theoretical concepts, its advantages and disadvantages, as well as its different types. The second chapter provides a summary mainly of national legal regulation. Chapter three explains the objective conditions under which a certain range of disputes can be heard and decided in the arbitration proceedings, including some specific examples. Chapter four is concerned with the arbitration agreement which is the major institute and the basis condition of the arbitration proceedings. This chapter is subdivided into three subchapters dealing with for example the different types of arbitration agreements, their mandatory requirements and also their invalidity and termination. In a separate subchapter author discusses the arbitration agreement for resolving disputes arising from consumer contracts. Chapter...
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Liability for damage caused by lawyers
Šustová, Jana ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis deals with a question of a liability for damage caused by lawyers. The aim of the thesis is to introduce how the liability for damage caused in the course of the application of law by qualified persons is treated in the Czech Republic. The thesis focuses on an analysis of the attorney's liability for damages. The liability of public notaries and executors who are treated as public officials when they exercise conferred powers is also mentioned. Last but not least the thesis analyses a responsibility of judges for judgments delivered and there is a mention about other legal professions such as public prosecutors and tax advisers and their liability for damages. The end of the thesis considers changes in a legal regulation of this professional liability which are connected with a recodification of Czech private law which comes into effect on 1st January 2014.
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Relationship between petition and judgment
Sommer, Lukáš ; Winterová, Alena (advisor) ; Pohl, Tomáš (referee)
Rigorózní práce - Mgr. Lukáš Sommer - Vztah žaloby a rozsudku / Relationship between petition and judgment 1 Abstract This thesis focuses on the relationship between petition and judgment. Its first, mostly theoretical, chapter describes brief historical excursion to the evolution of the main concept of the civil procedure, the evolution of petition law. Second and third chapter are dealing with petition and judgment, their components, requirements, impacts, division etc. and their primal purpose is to familiarize the readers with this facts for better understanding of the relationship between petition and judgment. Finally, the fifth chapter of this thesis (most practical) constitutes the heart of my thesis and it is focused on the relationship between petition and judgment itself.
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Mediation as a method of alternative dispute resolution
Sixtová, Lenka ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The purpose of this thesis is to introduce the mediation as one of the methods of Alternative Dispute Resolution (ADR). The main reason for choosing this topic was topicality of issues because in the last years the mediation has been developing in our country. A relatively recent adoption of The Mediation Act No. 202/2012 Sb., which is effective since 1st September 2012, contributed to this development. The thesis involves seven chapters that are further subdivided. In the Chapter One, basic information relating to an alternative dispute resolution are summarized. Characteristic features are shown there and there are more details of each method of ADR. Chapter Two examines basic characteristic of the mediation as a method of ADR. This chapter consists of four subchapters that analyze in more detail historical development of the mediation, basic characteristic features of the mediation, basic principles of the mediation and finally also advantages and disadvantages of the mediation. The status of the mediator is discussed in the Chapter Three of this thesis. The main focus is on the question of impartiality and independence of the mediator, as well as its duty of confidentiality. Chapter Four includes basic information about the status of parties to the conflict because they are the ones who have...
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Discharge of a debtor - one of modes of insolvency solution
Paľko, Ján ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The main goal of this thesis is to offer a detailed perspective on the discharge from debts in the context of insolvency proceedings and also to illuminate the most important novelties, which were brought with the newest amendment of the insolvency law. The debt relief was alongside with the reorganization incorporated to the Czech legal system by the Insolvency act, No. 182/2006 Coll., which entered into force on the 1st of January 2008. This led to a significant shift from the liquidation form of resolving bankruptcy to the preference of the remedial methods. The main purpose of the debt relief is to provide a person in bankruptcy with an opportunity to free themselves from their debts and at the same time to ensure the highest possible and proportional satisfaction of the creditors. This institute was originally designed exclusively for the persons, who were not engaged in business, mainly for consumers. Nowadays this statement is not entirely factual. The legislator newly explicitly permitted, what had already been allowed by the judicial practice and thus a possibility to take advantage of this institute even for the entrepreneurs. Obviously, only under the conditions laid down by the valid legislation. The court shall allow resolving insolvency of the debtor in the form of discharge from...
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Raising claims in insolvency proceedings
Roud, Vojtěch ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
This work aims to provide a comprehensive overview of the raising the claim in the insolvency proceedings. There is an explanation provided for each type of claims together with practical examples targeting the most problematic aspects of application of Act No. 182/2006 Coll., on bankruptcy and means of resolution thereof (hereinafter "The Insolvency Act").The work is not limited only to a process of raising the claim in insolvency proceedings but it systematical describes further existence of raised claim in the insolvency proceedings. There are also two more chapters dealing with the review of claims and their satisfaction. The work deals with the effective legislation, meaning the insolvency act. There is pointed toward the specific legislation in specific cases when adequate. This legislation is contained in the Act No. 328/1991 Coll., on bankruptcy and settlement (hereinafter "The Bankruptcy and Settlement Act"). I also took into account the significance of the novelization of the insolvency act number 294/2013 Sb. (so called revision novelization) and I point out the cases of modifications based on this novelization.. I also refer to the previous legislation contained in the bankruptcy act. Together with this I explain the development of insolvency law from the adoption of an insolvency act until now....
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Costs of civil proceedings
Písaříková, Markéta ; Winterová, Alena (advisor) ; Macková, Alena (referee) ; Uhlíř, David (referee)
This dissertation thesis is aimed into costs of civil proceedings, especially general costs of civil proceedings and special costs of civil proceedings. Regarding the special costs of civil proceedings it deals with its renumeration (ammount and extent). Existing czech law was compared on given cases with german and english law; economic analysis of existing czech law governing the renumeration or general costs of civil proceedings was went through and as the result the externalities were found and defined with the consequencies the law lead to. The dissertation thesis has found a mathematical formula for calculation of summary renumeration of costs accompanied with lawsuits so that for the creditor it is more economical to sue the debts than to cede them to the debt collecting companies, and together with that the new law is proposed to prevent externalities that destruct the funcioning of civil courts by flood of multicopy-lawsuits and externalities that mean property transfer from wide level of citizens towards to the few individuals (bailiffs). Powered by TCPDF (www.tcpdf.org)
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