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The position of insolvency trustee and its equivalent under the laws of the Kingdom of Spain
Plívová, Kateřina ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The position of insolvency trustee and its equivalent under the laws of Kingdom of Spain The purpose of this thesis was to describe main features of Czech and Spanish legal regulation of insolvency trustee respectively insolvency administration and also to point out to some of the major differences between these two legal orders and pros and cons of concrete legal regulation. This thesis is divided into five chapters. Opening chapter reflects a concept of insolvency law and its understanding and basic characteristic in the Czech Republic and the Kingdom of Spain. Further it also describes inclusion of insolvency law into the legal system and its sources. The second chapter is dedicated to the matter of insolvency proceedings in the Kingdom of Spain. This chapter was included to this thesis for better understanding of this matter, due to the fact that it is not possible to describe the position of insolvency administration without knowledge of wider context and character of Spanish insolvency proceedings or at least it would be considerably difficult and it would exclude understanding of some of the institutes or procedures of insolvency administration. Succeeding this part there are two chapters each of which is dedicated to one of the legal orders. The third chapter deals with the Czech insolvency...
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Realisation of assets in insolvency
Backa, Jakub ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
Realisation of assets in insolvency Abstract Even after seven years since the Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), which replaced Act no. 328/1991 Coll., on Bankruptcy and Settlement, has come into effect, there are still gradually emerging problems in interpretation and application of this act. This thesis aims to provide a detailed analysis of the process of realisation of assets in insolvency. The structure of this publication follows chronologically the procedure for realization of the assets in insolvency. Firstly, the author examined various entities of the insolvency proceedings, incl. insolvency court, insolvency trustee and different groups of creditors. In following parts the author defines a concept of insolvency assets and analyses a process of searching for the assets, their listing and removal from the list of assets as well as the administration of assets before their sale not missing out the issue of instructions of secured creditors for the administration of the assets. Subsequently, the author offers description of the process determining the method for realization of assets in insolvency and then individually analyses various ways in which assets could be sold: sale in auction, judicial sale, sale without auction and sale in auction organised by an...
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Realisation of assets in insolvency
Backa, Jakub ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
Realisation of assets in insolvency Abstract Even after seven years since the Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), which replaced Act no. 328/1991 Coll., on Bankruptcy and Settlement, has come into effect, there are still gradually emerging problems in interpretation and application of this act. This thesis aims to provide a detailed analysis of the process of realisation of assets in insolvency. The structure of this publication follows chronologically the procedure for realization of the assets in insolvency. Firstly, the author examined various entities of the insolvency proceedings, incl. insolvency court, insolvency trustee and different groups of creditors. In following parts the author defines a concept of insolvency assets and analyses a process of searching for the assets, their listing and removal from the list of assets as well as the administration of assets before their sale not missing out the issue of instructions of secured creditors for the administration of the assets. Subsequently, the author offers description of the process determining the method for realization of assets in insolvency and then individually analyses various ways in which assets could be sold: sale in auction, judicial sale, sale without auction and sale in auction organised by an...
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The position of insolvency trustee and its equivalent under the laws of the Kingdom of Spain
Plívová, Kateřina ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
The position of insolvency trustee and its equivalent under the laws of Kingdom of Spain The purpose of this thesis was to describe main features of Czech and Spanish legal regulation of insolvency trustee respectively insolvency administration and also to point out to some of the major differences between these two legal orders and pros and cons of concrete legal regulation. This thesis is divided into five chapters. Opening chapter reflects a concept of insolvency law and its understanding and basic characteristic in the Czech Republic and the Kingdom of Spain. Further it also describes inclusion of insolvency law into the legal system and its sources. The second chapter is dedicated to the matter of insolvency proceedings in the Kingdom of Spain. This chapter was included to this thesis for better understanding of this matter, due to the fact that it is not possible to describe the position of insolvency administration without knowledge of wider context and character of Spanish insolvency proceedings or at least it would be considerably difficult and it would exclude understanding of some of the institutes or procedures of insolvency administration. Succeeding this part there are two chapters each of which is dedicated to one of the legal orders. The third chapter deals with the Czech insolvency...
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The Course of Insolvency Proceedings in the Czech Republic
Bartošová, Petra ; Randáková, Monika (advisor) ; Roubíčková, Jaroslava (referee)
The main topic of this thesis is the course of insolvency proceedings pending under Insolvency Act and the aim is to compare the actual ongoing insolvency proceedings in practice with the theory. In the beginning of thesis are defined the basic terms which can be appeared during the insolvency proceedings. Subsequently, there is theoretically demonstrated the course of insolvency proceedings from the start through the decision on bankruptcy to the ways of resolving insolvency. The following section discusses the economic impacts of the debtor and his creditors. The aim of practical part is demonstrating the application of insolvency law in practice using by the real insolvency proceedings with EQUUS Company Ltd.
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