Thesis: Selected Business Aspects of Insolvency Proceedings The reason why I have decided for my thesis topic is that the connection between business law and insolvency law is a field which has not been studied comprehensively so far. However my opinion is that these law branches have a lot in common as we can see daily their intersection in many insolvency proceeding. Object of this thesis is to describe the main areas in which clashes insolvency law with business law and then define questions which issue from this clash and answer those on which the Insolvency Act and Business Code do not offer clear answers. As I mentioned the connection between insolvency and business law is not focused comprehensively by doctrine. Therefore I work particularly with decided cases and legal interpretation books as sources for my thesis. The text offers two points of views on this topic. The first is aimed to company (especially its statutory body) which becomes insolvent. The second is aimed to third parties who do business with an insolvent company. The first part of my thesis is engaged in short description of historical development of insolvency law in Czech. Then it is focused on explanation of basic insolvency terminology in context of business law. The second part of the thesis deals with duties of...

The intention of the thesis, on theme of Reorganization as the way of bankruptcy solution, is to describe this legal institute complexly and coherently. It begins from the history, continues through the current legislation and finishes with a practical point of view to reorganization and its implications in practice. The first chapter describes influences which affected reorganization in the Czech legal environment. First of all, the insolvency law was affected by historical circumstances in the Czech lands and by changes of political regimes to which the legislation was subordinated. Another subsection is addressed to foreign influences which were used as an inspiration for the legislator during creating of the current legislation. Mainly, it is an American and German legislation. In the last subsection, the EU legislation regarding reorganization is elaborated including effects of the harmonization in the Czech Republic. The second chapter of the thesis describes the legislation of reorganization in the Czech Republic and completes it of the case law especially of the High courts in Prague and Olomouc. The institutes are elaborated one by one according to the order made in the Insolvency act and in order which is usually used during insolvency proceedings. The last subsection is focused on a...

The purpose of this thesis is to provide a summarized commentary about registration, review and settlement of the claims in the insolvency proceedings and about individual types of claims. The second aim of this thesis is to evaluate pros and cons of currently efficient Insolvency Act. The domestic case law has been the primary source of the thesis. However, relevant literature and laws have been reflected as well. The thesis is divided into five chapters, more important chapters are divided into particular subchapters. The first chapter deals with the concept of insolvency proceedings and its purpose. It is also focused on the basic principles of insolvency proceedings and initiation of insolvency proceedings. The second chapter contains a description of the concept of claim and elementary classification of claims in insolvency proceedings, which are divided into different groups. Furthermore, detailed interpretation of each group is explained including process of their registration. The third chapter is the principal chapter of this thesis because it provides a comprehensive view into registration of claims in the insolvency proceedings through the term of insolvency application of the debt, formal and content requisites of this application, disposition of claims and finally also through possible...

The aim of this diploma thesis dedicated to the issue of incidental disputes in insolvency proceeding was to determine the incidental disputes in proceedings, categorize them systematically, outline their character and set a comprehensive overview of these disputes. Within the insolvency proceedings incidental disputes are largely solved as case law, which the author of this work deals within the description of the various types of disputes. The thesis is divided into fourteen chapters, which are further divided into subsections and parts. The first two chapters are devoted to insolvency proceeding in general, especially when the character and purpose of the insolvency proceeding as well as the conceptual definition of insolvency proceeding and its consequences are outlined, because without these underlying premise would be impossible to describe the issue as a whole. Incidental disputes have undergone throughout history certain development and as an incidental are spoken only in the 90s of the 20th century. The third chapter of the thesis is dedicated to the historical development of insolvency proceedings in Czech territory and comparisons applicable regulation of insolvency proceedings with modifications beginning in the 1781 and the issue of the general bankruptcy order compared to other...

The aim of this thesis named "Procedural status and activity of the insolvency administrator during bankruptcy" is to provide a comprehensive and complex view of

Discharge from debts represents one of modes of resolving bankruptcy of a debtor. It is a legal institute, which is very often used by debtors. Its aim is not only to satisfy creditors at least in the law guaranteed amount but also to protect the debtor, who is released of all his previous debts after successful discharge and he can start new life without debts and never-ending executions. The purpose of this thesis is to characterize an institute of discharge, to put it into the system of insolvency law, to describe insolvency procedure and some problematic areas of discharge, which cause difficulties in practice. During writing this thesis I tried to interconnect effective laws with case law of higher courts, reference literature and articles. The thesis is composed of 5 chapters. In the first one I briefly characterize basic terms of insolvency law (insolvency proceeding, bankruptcy, procedural entities) and modes of resolving bankruptcy of a debtor. Second chapter focuses on insolvency proceeding from insolvency petition to permission of discharge. Last part of the chapter describes alternatives of discharge, these are converting debtor's property into money, payment schedule or combination of both. In the third part, I deal with some problematic areas of discharge, which are missing or unclear...

Après le succès en demi-teinte de la déclaration d’insaisissabilité comme moyen de protection du patrimoine personnel des entrepreneurs, le législateur français a institué le statut de l’entrepreneur individuel à responsabilité limitée (EIRL), bousculant la théorie de l’unité du patrimoine. Le nouveau dispositif permet à une personne physique de créer autant de patrimoines affectés qu’elle exerce d’activités professionnelles indépendantes. La loi institue une étanchéité patrimoniale se manifestant par le fait que chaque créancier de l’EIRL exerce son droit de gage général sur le patrimoine auquel il est rattaché. Le statut de l’EIRL suscite plusieurs interrogations relativement aux garanties que celui-ci est susceptibles d’offrir à ses créanciers personnels ou professionnels. Comme tout débiteur, l’EIRL peut être garanti par des personnes physiques ou morales tierces. Il apparaît toutefois en pratique que celles-ci hésiteront à s’engager. La scission patrimoniale empêche les garants solvens d’exercer leurs actions récursoires sur la totalité des biens de l’EIRL, réduisant ainsi les chances de leur remboursement. Par ailleurs, la pluralité des patrimoines offre à l’EIRL la possibilité de se garantir lui-même. Cependant, la technique qui consiste à garantir la dette d’un patrimoine avec un autre peut se révéler dangereuse pour l’EIRL. Il est donc incertain que l’EIRL en fasse usage. S’il n’offre pas de garanties suffisantes et/ou efficaces, l’EIRL n’obtiendra pas facilement un financement externe. Or, s’il n’a pas le financement dont il a besoin, l’EIRL ne profitera pas de son statut / After the partial success of the unseizability statement as a means of protecting the personal assets of entrepreneurs, the French legislator has adopted the status of the individual entrepreneur with limited liability (Hereinafter EIRL), disrupting the theory of the asset unit. The new status allows any individual to create as many dedicated assets as he pursues professional activities. The law institutes a patrimonial tightness that is manifested by the fact that each EIRL’s creditor is entitled to exercise his right of lien on the assets to which he’s attached. The EIRL status raises concerns about guarantees offered to their personal and professional creditors. Like an ordinary debtor, the EIRL can have guarantees provided by natural or legal third person. However, in practices, these persons are reluctant to commit themselves. The asset division prevents solvens guarantors to claim recourse attached to the all assets of the EIRL, so reducing the possibility of their reimbursement. Furthermore, plurality of assets allows the EIRL to guarantee itself. However, the technique of guaranteeing the debt of one asset with another can be damaging to the EIRL. Therefore, it’s uncertain that he uses it. If he doesn’t provide sufficient and/or efficient guarantees, he will not easily obtain external financing. If he cannot obtain the financing he needs, the EIRL will not benefit from his status

Legal position of the insolvency administrator in insolvency proceeding and its comparison with the positon of bailiff - Abstract The thesis deals with the legal position of insolvency administrator in insolvency proceedings and its comparison with the position of bailiff. The thesis is broken into an introduction, six chapters and a conclusion. The aim of this thesis is to summarise the rights of the insolvency administrator as a subject of the insolvency proceeding and compare them with the rights of the bailiff. The first chapter deals with the definition of insolvency administrator, the conditions to perform the office and to obtain the relevant licence to perform the office, as well as the manner of entry of insolvency administrators into the registry. The second chapter takes on the manner of appointment of the insolvency administrator in a specific insolvency proceeding, the conditions for removal or recall from the office, the conditions of exclusion for bias and situations when the insolvency administrator may be replaced. Furthermore, the chapter states the duties of the insolvency administrator. Special attention is paid to the reward and reimbursement of costs in the various alternatives of insolvency solutions with regard to recent case law. The chapter also details the liability of the...

The aim of the thesis is to analyse the process of debt collection in insolvency proceed-ings, to define the rights and obligations of all parties to the proceedings and to apply in practice. The whole thesis is divided into two parts. The first part deals with the issue of claims enforcement from the theoretical point of view. There is defined the insolvency pro-ceedings and the ways of it is solution, the typology of claims, review and subsequent satisfaction of claims. The conclusion of the theoretical part of the thesis is a brief com-parison of insolvency proceedings in the Czech Republic and Slovakia. The second part of the thesis builds on the previous theoretical knowledge and analyses the process of asserting claims in a real Czech company. The subject of the research is to analyse the methodological processes of the company in the event that the client en-ters into insolvency proceedings. The practical part of the thesis also includes the appli-cation of the claim according to the methodological procedures of the company. Based on the information obtained through application practice in a particular company, the thesis concludes with de lege ferenda proposals with regard to current sources of law.

This thesis deals with the discharge of individuals in the Czech legal environment that is regulated by Act No. 182/2006 Coll. Insolvency Act. The aim is to show the course of insolvency proceedings with a focus on discharge of individuals and then make comparisons with the law of bankruptcy proceedings in the United States and Spain. Finally the real example of a specific individual discharge is shown.