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Instruments of protection against fraudulent insolvency petitions
Růžičková, Lucie ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
This thesis aims to provide a summary overview of instruments of Czech law preventing insolvency petitions of being misused by the creditors and to asses, whether the current legislation provides sufficient protection for borrowers against fraudulent insolvency petitions and on the contrary, whether it does not disproportionately restrict the rights of creditors eligible to enforce their claims towards the borrower in bankruptcy. After the first chapter which defines the basic terms and concepts of the insolvency law, which are used further in the thesis, follows a chapter defining the term "fraudulent insolvency petition" itself and the common motivations of the creditors thereto. The third chapter analyses the particular instruments of private law suitable to provide protection against fraudulent insolvency petitions. The main part of this thesis is contained in the first part of this chapter, which describes the particular instruments of the Insolvency Act providing for protection of borrowers against fraudulent insolvency petitions. The following part of this chapter describes other instruments of private law that might be alternatively used against the fraudulent insolvency petitions. The fourth chapter then describes the criminal law consequences of the fraudulent insolvency petitions. In the...
Právní a ekonomické aspekty insolvenčního řízení podniku
Kolář, Petr
KOLÁŘ, P. Legal and economic aspects of insolvency proceeding of company. Diploma thesis. Brno: Mendel University in Brno, 2014. This Thesis is focused on insolvency proceedings and all its obligatory elements. The theoretical part deals with particular stages, subjects involved with insolvency and clarifies primary terms connected to insolvency proceedings. The Thesis also introduces three possible methods of insolvency proceeding, which can be used against bankruptcy order such as bankruptcy, reorganization and discharge from debts. These techniques are compared to each other. Statistical figures are added as well as practical examples. The Thesis includes a recommendation on how to precede the insolvency and it inquires into feeding of chicanery insolvency petitions and how to face them.

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