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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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Current Issues in International Insolvency Law
Plachá, Pavla
The PhD thesis "Current Issues in International Insolvency Law" aims to describe and draw attention to the moments that, in the opinion of its author, have had the strongest impact on international insolvency law so far. As such it is chiefly devoted to the analysis of existing regulation in the area of European insolvency law (which is principally based on Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings - the "Old Insolvency Regulation" - and Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings - the "New Insolvency Regulation"), and also provides a selection of the relevant case law which has over time significantly changed the way in which specific issues and instruments related to this area are viewed. To do justice to the complexity of the subject matter, the thesis also discusses the determination of jurisdiction in cross-border insolvency proceedings and recognition of the effects of foreign insolvency proceedings in relations between EU and non-EU countries. The main aim of the thesis is to answer the following questions: which legal documents have had the strongest impact on the current form of international insolvency law; whether and how the interpretation of the concept of centre of a debtor's main...
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Current Issues in International Insolvency Law
Plachá, Pavla
The PhD thesis "Current Issues in International Insolvency Law" aims to describe and draw attention to the moments that, in the opinion of its author, have had the strongest impact on international insolvency law so far. As such it is chiefly devoted to the analysis of existing regulation in the area of European insolvency law (which is principally based on Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings - the "Old Insolvency Regulation" - and Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings - the "New Insolvency Regulation"), and also provides a selection of the relevant case law which has over time significantly changed the way in which specific issues and instruments related to this area are viewed. To do justice to the complexity of the subject matter, the thesis also discusses the determination of jurisdiction in cross-border insolvency proceedings and recognition of the effects of foreign insolvency proceedings in relations between EU and non-EU countries. The main aim of the thesis is to answer the following questions: which legal documents have had the strongest impact on the current form of international insolvency law; whether and how the interpretation of the concept of centre of a debtor's main...
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Current Issues in International Insolvency Law
Plachá, Pavla ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee) ; Bělohlávek, Alexander (referee)
The PhD thesis "Current Issues in International Insolvency Law" aims to describe and draw attention to the moments that, in the opinion of its author, have had the strongest impact on international insolvency law so far. As such it is chiefly devoted to the analysis of existing regulation in the area of European insolvency law (which is principally based on Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings - the "Old Insolvency Regulation" - and Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings - the "New Insolvency Regulation"), and also provides a selection of the relevant case law which has over time significantly changed the way in which specific issues and instruments related to this area are viewed. To do justice to the complexity of the subject matter, the thesis also discusses the determination of jurisdiction in cross-border insolvency proceedings and recognition of the effects of foreign insolvency proceedings in relations between EU and non-EU countries. The main aim of the thesis is to answer the following questions: which legal documents have had the strongest impact on the current form of international insolvency law; whether and how the interpretation of the concept of centre of a debtor's main...
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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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