The legal enactment No. 182/2006 Sb., Insolvency Act that came into force on January 1st 2008 introduced the new concept of Discharge of Debts in the Czech Law system. This mode of solution is intended solely for non-entrepreneurs (this institute cannot be used for companies or individual entrepreneurs). Personal bankruptcies account for the majority of insolvency proceedings in the territory of the Czech Republic and it can be assumed that this long-lasting trend will continue to grow. The institute of Discharge of Debts gives consumers an effective opportunity to legally get rid of their debts through one of two ways, namely repayment schedule and sale of the debtor's assets, and start again with a clean slate as an active member of the Economic Society. The aim of this thesis is to give a comprehensive analysis of the institute of Discharge of Debts, from defining the causes that lead to bankruptcy, interpretation of basic concepts, to the description of the necessary proceedings leading to the declaration of bankruptcy, process of Discharge of Debts itself and differences of its two basic ways. This theoretical basis is supplemented by my knowledge that I have gained during my internship in a law office, which also performs the function of insolvency trustee. The thesis is composed of eight...

As of 1 January 2008 Act No. 182/2006 on Bankruptcy and its Settlement (Insolvency Act) has become effective. This statute has completely reformed bankruptcy law in the Czech Republic including but not limited to by implementation of new legal institute of discharge of a debtor. Discharge of a debtor is designed to be a mode of solution of consumer's bankruptcy for non-business individuals and non-business legal entities. Being modeled by foreign legal forms this institute has acknowledged a relief from debts and hence new start for economic life of the subject. New form of solution of consumer's bankruptcy has proven its need of existence also by the fact that discharge of a debtor is by far the most frequent mode of bankruptcy solution in the Czech Republic. The aim of this thesis is to deal with entire issue of discharge of a debtor from filling bankruptcy petition through the very process of discharge to debts relief of a debtor. The thesis text itself is divided into six chapters. First chapter introduces the matter by traditional historical digression of the bankruptcy form in Czech territory, by clarification of the bankruptcy term itself and by provision of basic information on new Insolvency Act. The following chapter endeavors to express particular issues which are common to all modes of...

Discharge from debts as a mode of resolving insolvency of a debtor The aim of this thesis is to describe the institute of discharge from debts as one of the methods of resolving insolvency of a debtor, its principles and development, in the legal regulation in the context of relevant case-law and literature with respect to the ratified amendment of the legal regulation. Discharge from debts is according to the valid Czech legal regulation, which is the Act no. 182/2006 Coll., the Insolvency Act, a method of resolving insolvency of a debtor, which we count, together with reorganization, among rehabilitation methods of resolving insolvency. The purpose of discharge from debts is ensuring relative satisfaction of creditors, which is not liquidating for the debtor, and enabling him a new life without debts. It concerns debtors non- entrepreneurs, natural persons and legal entities. Only the debtor is entitled to apply for discharge from debts. The court shall while deciding on the debt discharge permission consider especially whether it is likely that at least 30 % of the claims of creditors receivable from the debtor will be settled and it shall also assess the honest intentions of the debtor. There are two forms of the discharge from debts. One of them is discharge from debts by means of converting the...

The rising availability of consumer loans causes an increase of debtors who aren't able to carry out all their monetary obligations. They get into financial problems which often end in several current executory proceedings. For debtors this situation is apparently hopeless and many of them try to solve it by using bridging loans. This leads to deepening of their personal financial crisis. The Insolvency Act No. 182/2006 Sb. which contains the regulation of the Discharge of Debts brings a solution for such debtors. Discharge of Debts as one of the ways of sanitation of debts in Czech law represents modern trends of European and American Insolvency law that joins the debtor back into the economic life. Discharge of Debts represents a possibility to solve the debtor's unbearable financial situation and to keep at least partially his living standards. For creditors it can be a way how to obtain at least part of their claims by the legal procedure. This text deals with actual Czech regulation of Discharge of Debts and compares it with foreign German regulation. In the first two chapters the basic terms and admissibility of Discharge of Debts are clarified and generally compared with Discharge of residual debts by the German law. Subsequently the author reports on single phases of insolvency proceedings...

The contemporary world landscape is epitomised by a highly globalised world economy, where neo-liberal agendas push for ultimate competitiveness and much of the manufacturing and production processes have been relocated from core to semi-peripheral countries. To be able to compete in the global arena, many developing nations and newly emerging economies have sacrificed an approach to sustainable development by neglecting social and ecological aspects. A showcase of such unsustainable growth in recent years can be observed in Tirupur, South India. Tirupur’s heavy export orientation of ready-knitted garments transformed it into a major textiles cluster for fashion retailers and buyer groups worldwide. However, the substantial pollution of water resources due to the discharge of raw effluents by processing units into the Noyyal river and the overexploitation of groundwater cast a shadow on the city’s economic expansion. In order to tackle these challenges, a number of regulatory directives were issued from the mid 1990’s onwards, leading to the enforcement of strict Zero Liquid Discharge norms in the cluster. This study investigates whether intervention efforts directed at Tirupur’s textiles sector have been able to address inherent challenges impacting the local environment and population. The findings gathered from an extensive literature review and a field study to Tirupur suggest that while some problems of the past have been attended to, major sustainability issues remain. Serious concerns such as a shift in pollution and economical uncertainty in the cluster have been identified as consequences from the policy interventions.

Debt discharge is one of the remediation ways of resolving the bankruptcy of the debtor, whereas the debt discharge is requested mainly by non-entrepreneurial natural persons. However, the resolution of bankruptcy by debt discharge cannot be ruled out also for natural persons entrepreneurs. Debt discharge is a widely used and persistently relevant institute that puts emphasis not only on liberating debtor from debt and resolving his financial situation, but also on the protection of creditors of the debtor, who are legally guaranteed a degree of satisfaction of their claims. The aim of this thesis is to provide a comprehensive characterization of debt discharge, the course of insolvency proceedings leading to debt discharge, as well as certain specific areas that may be problematic. This thesis also contains examples from the practice, in which we can see the specifics of debt discharge. This thesis is divided into seven chapters, whereas the main ones are chapters 2 and 4. The first chapter briefly defines the concept of bankruptcy, which is crucial for the resolution of the unfavourable economic situation in insolvency proceedings, the ways of its resolution and the relationship between debt discharge and other methods of resolving bankruptcy. The second chapter describes debt discharge and defines the...

Background: Pain management is a major issue in post-operative care. Little is known about the pain management experiences of parents and adolescents following discharge from inpatient surgery. Studies examining pain outcomes following day surgery suggest that children often experience severe pain and parents are challenged in providing pain care. Objective: To explore the pain management experiences of parents and adolescents following discharge from hospital after inpatient surgery. Results: Thematic analysis found that parents and adolescents were challenged in providing pain care. School return was more difficult than anticipated yet parents and adolescents were unsure how to navigate pain at school. Discharge education focused on analgesic management, leaving participants to discover non-pharmacological strategies on their own. Conclusions: Recovery from post-operative pain following inpatient surgery is challenging; nurses and healthcare professionals need to better prepare parents and adolescents to meet pain care needs following discharge.

Discharge from debts is one of the modes of resolving bankruptcy and is regulated in sections 389 to 418l of the Insolvency Act. This legal institute is widely used by debtors - especially by consumers, because if the debtor fulfils the statutory requirements, in particular consisting in the honesty of debtor's intent and in the satisfaction of claims of unsecured creditors at least in the minimum rate guaranteed by law, the debtor is subsequently allowed to achieve the essential benefit of the whole procedure - discharge from a substantial part of his unpaid debts. The aim of this thesis is to evaluate in a comprehensive way the valid and effective legal regulation of discharge from debts, including the last amendment that came into effect on July 1, 2017. At the same time, I focus on some problematic issues, which cause application difficulties in practice. The text of this thesis is divided into 8 chapters. The first chapter provides a definition of the key concept of the whole insolvency law, namely the concept of bankruptcy and impending bankruptcy. The second chapter deals with the basic characteristics of discharge from debts and description of subjective and objective requirements thereof. The following two chapters deal with two essential procedural motions, namely the petition to declare...

Este estudo tem como objetivo mostrar como Nietzsche, ao engendrar a sua metafísica do artista, realiza uma crítica à cultura moderna alemã. Para isto, realizaremos uma genealogia do conceito de descarga (Entladung), no qual Nietzsche caracteriza sua noção de trágico. Inicialmente, mostraremos que nas conferências O Drama Musical Grego e Sócrates e a Tragédia a noção de trágico em Nietzsche se apresenta no termo êxtase (ecstase). Esta concepção muda com o amadurecimento conceitual da metafísica do artista de Nietzsche a partir do distanciamento do pensamento de Schopenhauer. Assim, em A Visão Dionisíaca do Mundo, o termo Entladung já é empregado, no lugar da noção ecstase. Por sua vez, em O Nascimento da Tragédia, o jovem filólogo associa o termo Entladung ao conceito de Uno Primordial, apresentando de maneira mais acabada sua metafísica. Neste percurso genealógico, pretendemos mostrar que o desenvolvimento da metafísica do artista está atrelado a uma crítica à cultura moderna alemã através de uma associação de sua concepção de trágico ao conceito de catarse (katharsis) aristotélico. / This study aims to show how Nietzsche, engendering his metaphysics of the artist, performs a critique of modern German culture. For this purpose, we will execute a genealogy of the concept of discharge (Entladung), in which Nietzsche characterizes his tragic notion. Initially, we will show that in the conferences \"The Greek Music Drama\" and \"Socrates and Tragedy\" the tragic notion in Nietzsche is presented in the term ecstasy (ecstase). This notion changes with the conceptual maturity of Nietzsches metaphysics of the artist due to his distancing from Schopenhauer\'s thought. Thus, in \"Dionysian Vision of the World\" the term Entladung is already employed replacing the notion of ecstase. In turn, in \"The Birth of Tragedy,\" the young philologist associates the term Entladung to the concept of Primordial One, presenting his metaphysics in a most complete way. In this genealogical journey, we intend to show that the development of the metaphysics of the artist is linked to a critique of modern German culture through a combination of his tragic notion with the concept of Aristotelian catharsis (katharsis).

Usando geometrias do tipo ponta e plano estudou-se as características elétricas da descarga corona positiva e negativa. Mediram-se as distribuições da densidade de corrente elétrica e do campo elétrico sobre o plano coletor dos íons. São discutidos os resultados obtidos para o sistema ponta planos e para o sistema em que o campo elétrico externo é aplicado através de uma placa adicional colocada perto da ponta. Neste último caso os resultados são interpretados com um modelo teórico que supõe que os íons se movem direção perpendicular entre as placas, sob a ação de um campo constante e lateralmente sob o campo de repulsão da carga espacial. / Electric characteristics of a positive and negative corona discharge were studied for geometries of the type point and plane. The electric current density and the electric field distributions on the collector plane were measured. We discuss the results obtained with the point and plane geometry and with the geometry were a external electric field is applied by means of an additional metallic plate fixed near the point. For the latter geometry the results were interpreted by using a theoretical model in which it is assumed that the ions drift in the direction perpendicular to the plates under a constant electric field and laterally under the field of the ionic space charge.