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 -...

Final thesis is monitoring new legislation concerning reorganization. This process is quite new in Czech Republic. First chapter is theoretical introduction to insolvency in general. Second chapter deals with statistics in this area. Final chapter is dedicated to two case studies of real companies.

Administration of the estate is one of the most important activities in insolvency proceedings, when debtor's insolvency is resoluted by bankruptcy. Everyone can see information about the administration's results in Insolvency Register. The procedure of it is not well known nonetheless. The goal of the thesis is to enlighten the procedure of administration of the estate (including defining its content) since declaration of debtor's insolvency, when the authorization to dispose of the estate is held by insolvency administrator and to point out some relatively new legislative changes and its problems. Diploma thesis is divided into eight chapters, where there is gradual analysis of administration of the estate from the beginnings of insolvency proceedings and declaration of bankruptcy to realization of the estate and canceling the bankruptcy. The first chapter brings short review of historic legislation and tries to point out some similarities of roman bankruptcy law and present legislation. The second chapter describes initiation of insolvency proceedings, declaration of debtor's insolvency and it defines insolvency administrator and the way of his election by insolvency court. Following chapters are the core of the thesis. The third chapter pursues the declaration of bankruptcy itself and...

Disertační práce se zabývá vývojem insolvencí českých podniků a to zejména z pohledu historického a ekonomického vývoje a z pohledu právní úpravy insolvenčních (dříve konkursních) řízení. V teoreticko-metodologické části práce je uveden přehled tuzemských a zahraničních modelů predikce finanční tísně, které jsou nejčastěji využívány za účelem rozpoznání hrozícího bankrotu. Aplikační část je věnována rozboru vybraných modelů a praktickému zhodnocení jejich vypovídací schopnosti na vzorku podniků z různých odvětví. Cílem práce bylo zhodnocení zda je možné pro tuzemské podniky využít modely vytvořené v zahraničí a dále zda jsou modely universálně využitelné bez ohledu na odvětví.

Diploma thesis dwells on company's bankruptcy according to bankruptcy law and interconnects the institute of bankruptcy with areas of financial analysis, accounting, valuation and, further on, with business and criminally law.

A debtor's discharge can be solved within insolvency by a few forms, where this thesis aims attention to a discharge. The issue is a relatively new institute, which has been incorporated to our system of law by Act No. 182/2006 Coll., the insolvency act. The key theme of this thesis is a complex view of a way to solve an individual's bankruptcy by a discharge, without a focus on businessman or discharge of spouses. We count insolvency among private law for its same principals, however in some cases it is quite different and in its own way unique. Czech legal system knows two types of discharge, a discharge by a realization of an insolvency estate and a discharge by fulfilling a payment schedule with a realization of an insolvency estate. Due to the law, we differ two phases of insolvency. The first one is mutual for all the forms of resolving bankruptcy and includes especially initiation of the process, which can be done only by submitting a proposal (of either a debtor or a creditor), also ruling about bankruptcy and insolvency proposal as itself, and finally submission of applications of creditors' claims, while the second one adjusts forms of resolving bankruptcy. Within a discharge we talk mainly about passing of discharge, performing individual types of discharge, possibly dissolution of...

Discharge - resolving of insolvency of a debtor A discharge is, in addition to bankruptcy order and restructuring, one of the options for resolving of the insolvency or imminent bankruptcy of a debtor in insolvency proceedings. The discharge can be initiated only by proposal from debtor, but only certain person can this proposal write and submit (the lawyer, the notary, the executot, the insolvency administrator or the accredited person). If the debtor proves that his proposal has honest intent, and that he is able to pay at least 30 % of his claims to the creditors, then the court will grant the discharge from debts. The discharge can be done in three ways: the liquidation of the assets, the performance of the payment calendary for up to 5 years or a combination of these two methods. The debtor himself can show his preferred way in the proposal, but the final decision is on unsecured creditors. Only if the creditors do not agree on any of these ways, will the court decide. If the debtor performs his duties for the duration of the discharge, the court will decide on fulfillment of the discharge and exempts the debtor from paying the remaining parts of his claims. In the event of the performance of payment calendary, the debtor may be exempt from paying the remaining parts of his claims, even if he has not...

The main goal of this thesis is to offer a detailed perspective on the discharge from debts in the context of insolvency proceedings and also to illuminate the most important novelties, which were brought with the newest amendment of the insolvency law. The debt relief was alongside with the reorganization incorporated to the Czech legal system by the Insolvency act, No. 182/2006 Coll., which entered into force on the 1st of January 2008. This led to a significant shift from the liquidation form of resolving bankruptcy to the preference of the remedial methods. The main purpose of the debt relief is to provide a person in bankruptcy with an opportunity to free themselves from their debts and at the same time to ensure the highest possible and proportional satisfaction of the creditors. This institute was originally designed exclusively for the persons, who were not engaged in business, mainly for consumers. Nowadays this statement is not entirely factual. The legislator newly explicitly permitted, what had already been allowed by the judicial practice and thus a possibility to take advantage of this institute even for the entrepreneurs. Obviously, only under the conditions laid down by the valid legislation. The court shall allow resolving insolvency of the debtor in the form of discharge from...

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 theme of my graduation thesis is position of secured creditors. The purpose of my thesis is description of rights and duties of secured creditors. Emphasis is placed on creditors secured by the lien to real estate. The thesis is focused on realization of the lien and position of secured creditors in legal proceedings concerning realization of the lien. In first chapter thesis deals with concept of security and its purpose, in particular the lien. Description of distinction between security and reinforcement of the debt is included. It also deals with function of the lien - security function and realization function. Realization of the lien is achieved in legal proceeding by public auction, execution of decision by court or licensed executor. Thesis describe position of secured creditors in these legal proceedings and in the process of sale of the pledge. Thesis also examines execution of decision by court lien relating real estate and licensed executor lien relating real estate, its purpose and procedure of creation. Last chapter is focused on position of secured creditors in insolvency proceeding. Included is description of relation between execution proceeding and insolvency proceeding. This is followed by distinction between secured creditors according to substantive law and secured...