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Economic Impacts of Winding Up a Company with Liquidation
Švandová, Kateřina ; Kramolišová, Eva (referee) ; Pernica, Martin (advisor)
The thesis deals with legislative aspects of the abolition of corporate insolvency and dealing with the expression of the economic consequences arising from the demise of the organization to key stakeholders (employees, state, creditors). The theoretical part deals with basic concepts related to corporate, legal forms of business characteristics, causes and forms of dissolution and its subsequent liquidation process. The practical part focuses on the company, joint stock company, which is in liquidation and the economic consequences arising from the termination of the business activities of this company for state employees and creditors of the organization.
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Businessman as a subject of insolvency proceedings
URBANCOVÁ, Markéta
The aim of the diploma thesis is directed at the process of insolvency proceedings, in which the businessman acts as a debtor, or the so-called subject of insolvency proceedings. The theoretical part deals with the basic concepts, subjects of procedural proceedings and the insolvency process itself. It discusses ways of resolving the debtor's bankruptcy and does not omit significant recent changes in the insolvency law, nor historical developments in the field of insolvency. In the practical part, the insolvency register is a supporting source in data collection. For the purposes of the diploma thesis, we work with real subjects, ie. insolvent debtors. In the analysis of individual cases, the greatest emphasis is placed on the debt relief amendment No. 31/2019 Coll. IZ. The aim of the thesis is to analysis insolvency proceedings from the point of view of entry conditions of businessman in debt relief before and after a significant change in the Insolvency Act in 2019, evaluate the impact on businessman and find out whether the amendment generally contributed to streamlining insolvency proceedings.
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Legal status of creditors in insolvency proceedings
RYBNÍČKOVÁ, Anita
The theme of this thesis is the legal status of creditors in insolvency proceedings.The following thesis is divided into theoretical and practical part. The first chapter defines its objectives and methodical approach, the second one deals with the regulation of insolvency law, the third with creditors and the fourth chapter focuses on bankruptcy and its resolutions. The fifth chapter presents a case study which forms the practical part of the diploma thesis. Within this practical part, attention is paid to the case study of a company that found itself in bankruptcy and insolvency proceedings. Emphasis is put on creditors and their legal status and competencies.
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Zero Discharge in Debt - the Pluses and Minuses and a Comparison with the Previous Adaptation
ŠÍTALOVÁ, Sára
The bachelor thesis deals with current amendment of the Insolvency Act, which started to be in force on 1. 6. 2019. The amendment changes conditions in admission and the process of the discharge in debt. The theoretical part deals with comparison of the discharge in debt after the debt relief amendment with the previous adaptation. Based on the described changes, the pluses and minuses are evaluated. The practical part contains an analysis of data gained from the insolvency register. It compares the amount of applications to the discharge in debt and the success rate of the unsecured creditors before and after the amendment.
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Problematic aspects of satisfaction of creditors' claims in debt relief
Vávra, Vojtěch ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The diploma thesis deals with the current legislation of debt relief - as one of three types of insolvency proceedings, in which the situation of person, who has been declared insolvent, in compliance with Czech insolvency law can be resolved - as well as of the satisfaction of creditors' claims within these proceedings. Especially it is focused on problematic issues, that occur during the realisation phase of debt relief and for that the insolvency law does not give an explicit answer. First, the thesis deals with debt relief in theoretical view and provides a comprehensive overview of claims, which are in these proceedings satisfied and which ones are not, and their classification in according to succession, in that they are satisfied. This chapter is particularly focused on claims, which are secured by assets belonging to the insolvency estate, and subordinate claims, which can be satisfied, only when all other debts have been paid, and problems related to it. Second, the thesis describes the election procedure, within creditors choose a part of insolvency estate, which will be used for satisfaction of their claims, depending on debtor's assets and expected future earnings, and tries to answer a question, which type of majority of (unsecured) creditors is required to adopt a resolution on how to resolve...
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Status of creditors of the testator in the estate proceedings
Peřinková, Petra ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The diploma thesis deals with the topic of the status of creditors of the testator in the estate proceedings, which has undergone a major change with the modification of the current Civil Code. Adjustment of inheritance law and, with it, the position of creditors in the estate proceedings during the period of socialism was dismal, so this change was needed. The ability of creditor to protect his debts in the case of the debtor's death has been extended by many new and old-age institutions. Together with that, the responsibility of the heirs for the testator's debts was extended. The diploma thesis deals with the opinions of the professional public, which are often very different or even contradictory. Part of this work is an analysis of these opinions and searching for a suitable starting point. The thesis is divided into six chapters. The first deals with inheritance law as an absolute property right, that is, the law that works erga omnes. It also defines the conceptual difference between inheritance and estate introduced into civil law with the effect of the Civil Code. The second chapter deals with the genesis of the transition of testator's debts to the heirs and the position of creditors in the past. The historical chapter summarizes both substantive and procedural law, without which the...
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The creditors of the last members of the Rožmberk house
LEVÝ, Václav
The thesis Věřitelé posledních Rožmberků (The creditors of the last members of the Rožmberk house) engages in creditors of Vilém of Rožmberk in the years 1589 1592, especially in the creditors whose claims his brother Petr Vok of Rožmberk took on after the death of Vilém of Rožmberk in 1592. The thesis based on from the list of the rožmberks debts that preserved in the State Regional Archives in Třeboň. The thesis attemptes achieve "the collective biography" of these creditors with the use of prosopographic method and find the commons signs that connected these creditors.
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Economic Impacts of Winding Up a Company with Liquidation
Švandová, Kateřina ; Kramolišová, Eva (referee) ; Pernica, Martin (advisor)
The thesis deals with legislative aspects of the abolition of corporate insolvency and dealing with the expression of the economic consequences arising from the demise of the organization to key stakeholders (employees, state, creditors). The theoretical part deals with basic concepts related to corporate, legal forms of business characteristics, causes and forms of dissolution and its subsequent liquidation process. The practical part focuses on the company, joint stock company, which is in liquidation and the economic consequences arising from the termination of the business activities of this company for state employees and creditors of the organization.
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