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Cross border insolvency law
Kunštát, Karel ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
This diploma thesis entitled "Cross border insolvency law" is focused on the issue of international jurisdiction to open insolvency proceedings with a foreign element and on related topics, such as the concept of COMI and its interpretation. The thesis then contains relevant theoretical and regulatory milestones in the development of cross-border insolvency law and its approach to determining the international jurisdiction. The core part of the thesis is to answer these questions 1) what are the characteristics of cross-border insolvency law used within the EU 2) how does the European law view the concept of international jurisdiction 3) from a practical point of view how is the decision on international jurisdiction to initiate main insolvency proceedings made 4) and finally which components are central for the determination of COMI. To answer these questions, this thesis examines the legislation at the European and national level, its development and interpretation by jurisprudence. Great deal of attention is aimed at the Council Regulation (EC) No. 1346/2000 on insolvency proceedings and the new Regulation (EU) 2015/848 on insolvency proceedings, which focuses on strengthening the internal European market by introducing a more comprehensive insolvency solution in the European Union. Therefore it...
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International insolvency law
Čermák, Jan ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
This diploma thesis deals with the topic of international insolvency law, in particular with certain areas of European insolvency law, with an emphasis on the matters of international jurisdiction for opening of main and territorial insolvency proceedings and international jurisdiction to hear actions related to insolvency proceedings. Furthermore, this diploma thesis is aimed at evaluation of the Czech legislation regarding cross-border insolvencies. The legal framework for European insolvency law was incorporated into the Insolvency regulation in 2002. Due to disagreements between certain member states of the EU regarding some of the important institutes of cross-border insolvencies the Insolvency regulation often contains vague provisions. It, therefore, fell to the Court of Justice of the European Union to provide interpretation of such ambiguous clauses. In 2012 the European commission created a report on the application of the Insolvency regulation and simultaneously presented a long awaited proposal for modernisation of the European insolvency law in the form of the Insolvency regulation recast. The aim of the Insolvency regulation recast is to promote cooperation between member states in the matter of cross-border insolvency proceedings. Additionally, it codifies a substantial part of the...
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International insolvency law
Čermák, Jan ; Brodec, Jan (advisor) ; Růžička, Květoslav (referee)
This diploma thesis deals with the topic of international insolvency law, in particular with certain areas of European insolvency law, with an emphasis on the matters of international jurisdiction for opening of main and territorial insolvency proceedings and international jurisdiction to hear actions related to insolvency proceedings. Furthermore, this diploma thesis is aimed at evaluation of the Czech legislation regarding cross-border insolvencies. The legal framework for European insolvency law was incorporated into the Insolvency regulation in 2002. Due to disagreements between certain member states of the EU regarding some of the important institutes of cross-border insolvencies the Insolvency regulation often contains vague provisions. It, therefore, fell to the Court of Justice of the European Union to provide interpretation of such ambiguous clauses. In 2012 the European commission created a report on the application of the Insolvency regulation and simultaneously presented a long awaited proposal for modernisation of the European insolvency law in the form of the Insolvency regulation recast. The aim of the Insolvency regulation recast is to promote cooperation between member states in the matter of cross-border insolvency proceedings. Additionally, it codifies a substantial part of the...
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Restructuring overseas company under the English law
Davídková, Andrea ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This bachelor thesis deals with the options of solving restructuring overseas companies under the English law. The emphasis is put on the individual decisions, which were released by the courts. In addition, the work introduce to the target reader, a provisions, which were a backbone for judicial decisions. The aim of the bachelor thesis is to familiarize the reader with the various court decisions and the conditions under which it is possible to restructure companies under English law. With regard to the issue the work is purely theoretical.
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