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Discharge of debts of self-employed persons in the perspective of latest changes
SMUTNÍKOVÁ, Kristýna
The bachelor thesis is focused on the institute of debts relief, which is one of the possible way used for solving econo-mic failure of self-employed persons. This method of sanitation of self-employed persons is permitted from 1. 1. 2014 by law. Text reflects the changes following the amendment of the Insolvency Act from 1. 6. 2019 (Act 31/2019 Coll.). Work analyses the trend of insolvency proposals (according to the regions and individual economic activities of CZ-NACE), satisfaction of creditors, accomplished and cancelled debt relief. Thesis examines the influence of self-employed persons on the Czech economy. It identifies the importance and need of these persons for the efficiency of the country and their return to healthy economic life. Bachelor thesis also shows detailed algorithm for calculation of repayments in discharge of debts.
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Selected problems of application of the Insolvency Act
Kulíř, Martin ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Selected problems of application of the Insolvency Act On the 1st of January 2008, Act No. 182/2006 Coll. on Insolvency and its Resolution (Insolvency Act), which constitutes the substance of current legal regulation of bankruptcy law in the Czech Republic, came into force. There was a need to adopt new regulation emerged not only as a result of obsolescence of the original regulation, which - despite numerous direct or indirect amendments - was not able to respond adequately to economic changes, but also due to the necessity to adjust bankruptcy law to European legal regulations. The Insolvency Act together with implementing regulations form the basis of an entirely new and complex legal regulation which stands on its own principles, introduces uniform insolvency proceedings for all kinds of resolutions of insolvency and also new forms of insolvency resolutions. In addition to bankruptcy as a traditional and liquidating form of insolvency resolution, the Insolvency Act introduces a reorganisation and a discharge of debts as preservation methods of insolvency resolution which might be more profitable both for the debtor and his creditors. Reorganisation is designated for entrepreneurs, while discharge of debts was adopted as a resolution of state of insolvency of non-entrepreneurs. But this current legal...
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Selected problems of application of the Insolvency Act
Kulíř, Martin ; Pohl, Tomáš (referee) ; Smolík, Petr (referee)
Selected problems of application of the Insolvency Act On the 1st of January 2008, Act No. 182/2006 Coll. on Insolvency and its Resolution (Insolvency Act), which constitutes the substance of current legal regulation of bankruptcy law in the Czech Republic, came into force. There was a need to adopt new regulation emerged not only as a result of obsolescence of the original regulation, which - despite numerous direct or indirect amendments - was not able to respond adequately to economic changes, but also due to the necessity to adjust bankruptcy law to European legal regulations. The Insolvency Act together with implementing regulations form the basis of an entirely new and complex legal regulation which stands on its own principles, introduces uniform insolvency proceedings for all kinds of resolutions of insolvency and also new forms of insolvency resolutions. In addition to bankruptcy as a traditional and liquidating form of insolvency resolution, the Insolvency Act introduces a reorganisation and a discharge of debts as preservation methods of insolvency resolution which might be more profitable both for the debtor and his creditors. Reorganisation is designated for entrepreneurs, while discharge of debts was adopted as a resolution of state of insolvency of non-entrepreneurs. But this current legal...
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Discharge of debts in case of community property
Tomáš, Michal ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Discharge of debts in case of community property Debt discharge is in Czech legal order relatively new legal institution and its application still gives rise to a number of questions and doubts. This work primarily focuses on situations when the discharge of debt concerns the community property. It means on one side the common discharge of spouses and on other hand discharge of debts of married debtor, whose spouse did not petitioned to permit debt discharge. We also concentrate on personal scope of debt discharge institution, mainly because it is not clear, whether the entrepreneur can also take advantage of debt discharge, or not. Further we would like to point out that present valid and effective articulation of the Insolvency Act does not include institution of common debt discharge of spouses, which has been created by insolvency courts but its application has not been unified. It is also not clear how would be the spouse of debtor who filed a petition to permit debt discharge and their community property affected by the discharge procedure, when the spouse of the debtor is not party to a case. We also deal with a problem, how should creditors file the applications of the receivables against the spouses and how to review these receivables, when the statutory regulations are missing and the...
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Discharge of debts - one financial rehabilitation solution for resolving insolvency
Votavová, Ivana ; Smolík, Petr (advisor) ; Holčapek, Tomáš (referee)
Discharge of debts - one financial rehabilitation solution for resolving insolvency Abstract Discharge of debts is one of the financial rehabilitation methods for resolving insolvency regulated through Act No 182/2006, on insolvency and the methods of its resolution (the Insolvency Act). It is today, not surprisingly, the most widely used instrument in the field of insolvency law and proceedings, and its essence is to achieve, under statutory conditions, the objective of satisfying at least part of the claims of creditors, and to obtain exemption from the obligation to pay the remaining receivables of those creditors. Meaning debt relief. Through the discharge of debts, typically for a natural person, legal protection from creditors is obtained for the duration of the proceedings and, ultimately, also the anticipated benefit in the form of debt relief. The motive for this paper is an effort to characterise discharge of debts in relation to legislation, its development, including through the most recent amendments, and also considering socio- economic reality, including consideration of the case law of insolvency courts and the Constitutional Court of the Czech Republic, professional publications and articles, yet also my own practical experience. This paper is split into two basic parts with concise...
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Discharge of debts - one financial rehabilitation solution for resolving insolvency
Votavová, Ivana ; Smolík, Petr (advisor) ; Holčapek, Tomáš (referee)
Discharge of debts - one financial rehabilitation solution for resolving insolvency Abstract Discharge of debts is one of the financial rehabilitation methods for resolving insolvency regulated through Act No 182/2006, on insolvency and the methods of its resolution (the Insolvency Act). It is today, not surprisingly, the most widely used instrument in the field of insolvency law and proceedings, and its essence is to achieve, under statutory conditions, the objective of satisfying at least part of the claims of creditors, and to obtain exemption from the obligation to pay the remaining receivables of those creditors. Meaning debt relief. Through the discharge of debts, typically for a natural person, legal protection from creditors is obtained for the duration of the proceedings and, ultimately, also the anticipated benefit in the form of debt relief. The motive for this paper is an effort to characterise discharge of debts in relation to legislation, its development, including through the most recent amendments, and also considering socio- economic reality, including consideration of the case law of insolvency courts and the Constitutional Court of the Czech Republic, professional publications and articles, yet also my own practical experience. This paper is split into two basic parts with concise...
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Discharge of debts of the spouses
Šůsová, Táňa ; Macková, Alena (advisor) ; Frinta, Ondřej (referee) ; Havel, Bohumil (referee)
Discharge of debts of the spouses Abstract Discharge of debts represents, on principle, a new institute, which has been implemented into our law by the Insolvency Act with effect since 1. 1. 2008. However, the lawmakers have only implemented an expressed regulation of the joint discharge of debts of the spouses by the amendment with effect since 1. 1. 2014. In her paper, the authoress has been focused exclusively on the discharge of debts from the perspective of the spouses; therefore, not only the discharge of debts of the spouses as separate debtors but also the spouses as the community of debtors. In her paper, the authoress has been focused on the interpretation of the historical development of the joint discharge of debts of the spouses from the effect of the Insolvency Act, through its amendments up to the current wording thereof, including the illustrations in insolvency proceedings and judicial decisions. In several points, the prepared amendment to the Insolvency Act, which has been debated by the Chamber of Deputies of the Parliament of the Czech Republic, has also been mentioned in several points. In this paper, the authoress has outlined a brief introduction to the discharge of debts as a remedial form of the solution of the bankruptcy of the debtor. She has pointed out the development of the...
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Discharge of debts of spouses
Janoušková, Kamila ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
Discharge of debts of spouses This thesis deals with in these days very current issue of discharge of debts of spouses. During the effectiveness of the discharges of debts regulation in Czech laws the social development continues. This development brings also a new phenomenon - a huge indebtedness of natural persons (not self-employed persons) respectively households in the Czech Republic. In spite of the fact the problematic regulation of discharge of debts of spouses is being subject to many amendments, the outcome of them was not always satisfactory. The aim of this thesis is to introduce the institute of discharge of debts of spouses, to point out the imperfections of the regulation, to provide its comparison to foreign regulations and to phrase potential amendments of the particular problematic provisions. The thesis is divided into four separate chapters. Chapter one focuses on theoretical basis of the issue in the wide scope of insolvency law and also introduces actual indebtedness of the Czech households that gives rise to legal regulation of discharge of debts. Also it summarizes the regulation of joint marital property in the Czech law which may cause several problems when applying the debt forgiveness regulation on married persons. The first chapter comprises the ground for the following...
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Debt relief in the perspective of the upcoming changes
Kuranava, Nastassia ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
The bachelor thesis deals with the upcoming amendments to the legal regulation of the debt relief procedure in the Czech Republic. The Amendment Act no. 64/2017 Coll., which revises Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), so called Accreditation Amendment, has recently been adopted. It will come into force on the July 1, 2017. The Government also submitted the draft amendment to the Insolvency Act, so called debt relieving, to the Chamber of Deputies (Parliamentary print no. 1030/0). The aim of this thesis is to evaluate the newly adopted and recently proposed legislation. The first two chapters provide the essential introduction to the topic of the insolvency proceedings and the debt relief analyzing the current legal regulation of these institutes. The third key chapter is focused on the analysis of newly introduced legislation and the draft amendment which has been proposed. It also analyzes its possible impact.
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The current regulation of the discharge of debts in the Czech Republic from the perspective of jurisprudence
Čevelová, Lucie ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
The current regulation of the discharge of debts in the Czech Republic from the perspective of jurisprudence This thesis analyzes the institute of discharge of debts, which was incorporated into our legal system relatively recently, effective as of 1st January 2008, and soon became a very popular instrument for resolving the debtor's bankruptcy or impending bankruptcy. The importance of the jurisprudence in the area of discharge of debts is highlighted in this work. Although the jurisprudence is not the source of law in the Czech Republic, the decisions of insolvency courts are significantly influenced by that. Cited in this work, there are lots of very important decisions of the High Courts as well as the Supreme Court of the Czech Republic, which considerably influenced the institute of discharge of debts. For example, the High Court in Prague in fact implemented the institute of the joint debt relief of spouses, unknown by the Insolvency Act before 31st December 2013. Considerable attention is further paid to the so called Revision Amendment, i.e. the Amendment to the Insolvency Act No. 294/2013 Coll., effective as of 1st January 2014. By means of this Amendment the legislator has reflected the most important juridical decisions into the Insolvency Act. In particular, the possibility of the...
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