Conditions for adjudication of bankruptcy The purpose of my thesis is to analyse conditions for adjudication of bankruptcy. My thesis is composed of nine chapters, each of them dealing with different aspects of the conditions for adjudication bankruptcy. Chapter One is an introduction and defines my motivation for writing about conditions for adjudication of bankruptcy. I have chosen this topic because I'm interested in the issue of insolvency law. In my opinion, this is really an up to date topic, as there are recently more and more people and companies which are in financial trouble. Chapter Two is subdivided into two subchapters. Subchapter One defines the term of bankruptcy and the development of its meaning over the years. Subchapter Two describes the systematic of the Insolvency Act (Act No. 182/2006 Coll. On Insolvency and its Settlement Methods) and explains the classification of bankruptcy within the Act. Chapter Three covers the historical development of the conditions, starting in 1781 with Josephine Bankruptcy Act. It provides a short illustration of the transformation in the conditions for adjudication of bankruptcy over the past years. Chapter Four characterises the conditions for adjudication of bankruptcy and enumerates them. This chapter generally divides the conditions to the substantive...

Reorganization in the new Czech insolvency law with respect to the US law Summary The purpose of my thesis is to analyse reorganization as an institute of the new Czech insolvency law and its relation to the US insolvency legal regulations. The thesis is composed of 11 main chapters, majority of them relating to the reorganization process and its particular subjects. Chapter One is introductory and defines the purpose of the thesis as well as its limits. The next two chapters give a brief introduction on the insolvency law history in both countries in order to highlight the underlying differencies of both economics. These chapters also addresse the current legal status of insolvency law with emphasis on the recent legislation changes and their relation to economical and social changes. Chapter Four lists the main subjects to the insolvency procedure with emphasis on reorganization and defines basic terminology to enable a better understanding of the reorganization. It is followed by a chapter Five describing the reorganization institute in detail incorporating an outline of relevant Czech case law. Each of the following four chapters represents an important milestone of the reorganization process and is further subdivided in particular stages in order to enable a better understanding of the process as well...

Tato diplomová práce se soustředí na podnikatelský projekt a klade si za cíl zjistit, zda je popisovaný záměr dlouhodobě konkurenceschopný a ziskový. K dosažení zadaného cíle budu postupně používat vhodné analýzy, které budu následně vyhodnocovat a prezentovat. Tyto a samozřejmě i jiné nástroje využívané v práci budou sloužit k získávání kvalitních dat a jejich následné třídění bude přispívat k zjištění cíle uvedeného na začátku. Sekundárním cílem je vytvořit strategii společnosti na základě získání dat o konkurenci, trhu, zákaznících a dalších. Použité metody budou mít teoretické ukotvení v příslušných kapitolách práce. Prezentaci výsledků společně s hodnocením a mými názory najdete v závěru práce.

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Eligible insolvency petition is the only way how to initiate insolvency proceedings and therefore to achieve the highest and usually proportional satisfaction of creditors claims of the debtor. The quality of administered insolvency petitions according to actual statistics may not match the requirements set out by the Insolvency Act and the decision-making practice of the courts. Because of this fact, my goal was mainly to point out the repetitive mistakes, which are made by insolvency petitors in administation, to define the particulars of such petitions, and to provide the instruction how to give the eligible petition for consideration. My diploma thesis is divided into five chapters, where there is a gradual refinement of the requirements for insolvency petition. The first part includes basic definition of decline and impending bankruptcy when these institutions are a precondition for the commencement of insolvency proceedings and insolvency petitioner in its proposal must say that the debtor is insolvent, or that it may threaten him. The second chapter defines the decision of insolvency petition to be sure how the insolvency court may respond to such petitions, there is also a defined responsibility of insolvency petitioner for submission of undiscussed petition. The third chapter refers to...

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 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...