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.

86 Abstract Statutory liability of members and other persons for debts of business corporations (including supranational corporations) The thesis aims to introduce the economic rationale behind the legal concept of limited liability, including the risks for creditors attached thereto, and to analyse the legal instruments designed to remedy the impacts of its misuse or abuse. Accordingly, this thesis attempts to point to the shortcomings of the current legal framework and to offer a solution thereto. For this purpose the author uses the traditional methods of legal interpretation and draws upon the laws of the United Kingdom, which inspired the authors of the Czech Corporations Act 2012 in many respects. After the opening chapter, which introduces the current legal framework for limited liability of shareholders and defines legal relations of company's agents towards third persons, the historic development of limited liability in the United Kingdom will be outlined in the second chapter. The introduction of limited liability in 19th Century was accompanied by intense society-wide debate, the findings of which will help to understand the limited liability in its wider context and will form the ground for the following assessment of its benefits and risks for creditors of limited liability companies. Third...

The aim of the thesis is, based on analysis of the institute of liability for damages in the Insolvency Act and related legislation, to characterize the institute of liability for damage in insolvency law and to define its position within the system of sanctions, to identify links to private and public (including criminal) legal norms, to present concrete examples from existing case law to address some unclear areas of existing arrangements and to identify and to describe changes resulting from the new regulation of the institute of liability for damages in the new Civil Code. The thesis is divided into two parts, the general (conceptual) and specific (critical). The general part is divided into four chapters. Chapter one summarizes the theoretical background of the institute of liability for damages. Chapter two provides an overview of the general private law liability for damages and fundamental differences on liability for damages in the old and the new Civil Code. The third chapter is devoted to a specific rules on liability for damages in the Insolvency Act. Chapter four discusses the different possibilities of a claim for damages or other harm. The special part is devoted to analysis of the facts of liability for damage governed by the Insolvency Act. Individual facts of case are systematically broken...

The theme of my graduation thesis is "The Status of Bankruptcy Creditors in Insolvency Proceedings according to the Act No. 182/2006 Coll., (The Insolvency Act)". The purpose of my thesis is to provide a comprehensive analysis aimed at creditor's rights and duties during insolvency proceedings, with a special attention focused on selected topics. One of my goals is to highlight the big progress of creditors achieved with the new legal regulation. I also concern myself with those provisions of The Insolvency Act, which from my perspective offer an ambiguous interpretation. Therefore application of these provisions may cause problematic situation difficult to be resolved. The thesis is structured into seven chapters. The first two parts are dedicated to a general introduction to the insolvency law with an accent to basic legal principles and institutes of insolvency proceedings. We find there also a brief historical overview of insolvency in Czech Republic as well as general aspects of replacing The Act No. 328/1991 Coll., on bankruptcy and settlement (The Bankruptcy and Settlement Act) with a new Insolvency Act. In Chapter 3, I describe the basic creditor's instruments they can use in order to impact the effectiveness of their claims satisfaction mentioning also one of the bankruptcy conditions which is the...

The methods of solving the debtor' s insolvency using the "sanitation" principle It has been 5 years since the Czech Insolvency Act was enacted. Therefore is it a good opportunity to summarize the pros and cons of the current situation in this branch of law. The Insolvency Act introduced the concept of two approaches to dealing with the debtor' s insolvency which are new in the Czech legal system: the restructuring and the discharge. Both of them share the "sanitation" principle which enables the debtor to continue their existence after having adopted certain measures. The thesis consists of five major chapters. First section provides the basic explanation of the concept of insolvency and the reasons for the special treatment for the bankruptcy of those who have more creditors. There is also a brief description of the insolvency' s procedure. The second chapter deals with the restructuring, which is the method of solving the insolvency of big companies (entrepreneurs). The third chapter focuses on discharge which is intended for those who are not engaged in business activities (non-entrepreneurs) and which enables them to get rid of their debts. The discharge can be performed in two modes: either by the liquidation of the assets or through the performance of the payment calendar. The chapter four and...

in English The thesis is composed of seven chapters. The first one is an introduction. In the second chapter I summarize the reasons, why a new regulation of insolvency law was needed. The third chapter is about pre-conditions for adjudication of bankruptcy in general and about the sources of their regulation. The fourth chapter is about the pre-conditions that are based in the material law and especially about all aspects of bankruptcy. The chapter No. 5 describes the conditions of civil and insolvency proceeding. Separately in chapter No. 6 is a describtion of moratorium. The thesis ends with conclusions.

RAISING CLAIMS IN INSOLVENCY PROCEEDINGS - ABSTRACT The purpose of my thesis is to analyse the process of raising, review and settlement of the claims in the bankruptcy (insolvency) proceedings pursuant to the Act No. 182/2006 Coll., on bankruptcy and means of resolution thereof (hereinafter "The Insolvency Act"). The other important aim of this thesis is to discuss important pros and cons of the contemporary Insolvency Act which has replaced the Act No. 328/1991 Coll., on bankruptcy and settlement (hereinafter "The Bankruptcy and Settlement Act"). In general, the thesis primarily describes the kinds of the claims and all legal requirements for their proper raising. The special attention is paid to the claims of the secured creditors. The end of the thesis contains the reflection of the contemporary legislation and its outlook to the future. The introduction of the thesis submits the definition of the basic terms used in the thesis and it describes the basic aim of the following chapters. The thesis is then divided into five chapters. Chapter One is further divided into two parts. Part One contains the description of the basic principles of the bankruptcy proceedings and a place of the insolvency proceedings in the legislation of the Czech Republic. Part Two concerns with the history of the bankruptcy...

v anglickém jazyce (summary overview) Diploma thesis Bankruptcy: the role of business valuation focuses on intersection of two disciplines - Business valuation and Bankruptcy law - the field still not widely discovered and depicted. The main aim is to reveal and organize main themes of business valuation connected to bankrupcy based on property overbudren with debt. As the case may be, solution propsal. Thesis describes, both in economical and legal point of view institute of insolvency , type of bankruptcy - overbudren with debt, methods of business and property valuation, reveal and organization of main themes of business valuation connected to bankrupcy based on property overbudren with debt - themes connected to the stage before the bankruptcy is declared and themes connected to the stage after bankruptcy declaration. Main themes are analyzed and solved. Part of the thesis is synthesis still. Analysed intersection is characterised by group of mainly heterogeneous problems, in common, described as problems solvable with similar instruments of solution. Both groups - insolvency law and business valuation are relatively young disciplines with wider, significant areas still unsettled and alive. Main themes of business valuation associated to bankruptcy based on property overbudren with debt -...

Modes of insolvency solution of non-entrepreneurial natural persons The development of credit transaction and associated rising debt of households, led to a non entrepreneurial natural person becoming the typical subject of modern insolvency law. Act No. 182/2006 Coll., on Insolvency and its solution (Insolvency Act) gives consumers the possibility of remediation mode of solution of their insolvency through discharge of debt, which allows debtor to solve his unfavourable economic situation given at least part of his debts is satisfied in such a way that he avoids a devastating impact of his debt and has a chance of exiting the debt spiral and to starting over. The thesis deals with insolvency of these persons and modes of its solution, based not only on the current legislation, but also on judicial practice because a whole range of issues have been solved only within this framework. The change should be brought about by the so called conceptual amendment of the Insolvency Act, prepared by the Ministry of Justice, whose goal is to incorporate disputed issues and issues unsolved in the Insolvency Act. The prime purpose of my thesis is to analyse the process of consumer's insolvency solution, especially focusing on discharge of debt and the slight bankruptcy and its specificity with emphasis on issues...

The main objective of this thesis is to provide a comprehensive description and an analysis of a remediation solution in the insolvency proceedings, the reorganization under the Czech law and a comparison with French applicable law of restructuring. Act. No. 182/2006 Sb., hereinafter called as Insolvency Act, became effective on January, 1st 2008. After economic crisis between the years 2007 and 2009 was proved the urgency to modify an unsuitable and outdated Czech law from 1991. Insolvency act brought many new institutes mainly to the Czech procedural law and finally it set up new methods for insolvency non-liquidation resolution - reorganization. Institute of reorganization utilizes varying restructuring methods principally intended for large businesses that fulfill the conditions of the reorganization proceedings. The thesis is divided into twelve chapters. First eight chapters are providing the reader with fundamental elements of insolvency proceedings that are necessary for the overview of the reorganization proceedings. These chapters are further divided into smaller parts covering the description of the historical development, explanation of bankruptcy, parties to the insolvency proceedings, insolvency petition, automatic stay and insolvency estate. The most important part of this thesis the ninth...