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National Repository of Grey Literature 1 records found  Search took 0.00 seconds. 
The role of different subjects in reorganisation of the debtor's enterprise (comparative study)
 Vodičková, Tereza ; Macková, Alena (advisor) ; Smolík, Petr (referee) ; Winterová, Alena (referee)
The role of different subjects in reorganisation of the debtor's enterprise (comparative study) Abstract This thesis is an analyse of the role of different subjekts involved in reorganization. This thesis is composed of four chapters each of them dealing with one of the key subjects. Different legal systems were compared for this purpose. On one hand reorganisationis a sort of civil procedure, on theother hand it is a sort of contract. This thesis tries to describe this ambiguity in emphasising its contractual basis and judicial framework. Chapter One analyses how the insolvency modifies the position of the management, management is no more completely autonome in its action. In some cases there placement of the management is necessary, especially when the wrongful trading is proven. In most of cases the debt or files for insolvency, prepares a plan of reorganization and becomes a "Debtor in possetion". Different stades of reorganisation in respect with the position of the debtor are examined which shows that the reorganization is a way for thea management how to regain the right to act on behalf of the company. The role of shareholders symbolises the changes inside of the insolvent company- onone hand they represent as a shareholders'meeting an organ of the company and the other hand they are also...
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