The aim of this PhD thesis is to analyse the current status of European insolvency law and with the help of both national and European judicial decisions put together an overview of practical obstacles that insolvency courts, debtors, creditors and insolvency trustees across Europe are facing when dealing with cross-border insolvencies. At the very core of this topic stands the European Insolvency Regulation ("EIR") which was adopted in 2015 and is effective within the member states as of June 2017. Since this regulation was put together as a recast of its predecessor, i.e. the original insolvency regulation adopted in 2000 and effective as of 2002, naturally this research is oriented at comparing the two legislative acts and mainly assessing whether or not the recast EIR managed to overcome some of the inconsistencies in the wording of the original EIR, often resulting in conflicting interpretations and a great deal of preliminary rulings filed with the Court of Justice of the EU. Apart from looking into good old instruments of private international law such as the scope, the jurisdiction, the choice of law and the recognition and enforcement rules governed by the EIR, this thesis also focuses on topics that are very bankruptcy-specific and dissimilar to anything we know from other fields of law....

Regulatory bodies must function properly in order for their duties to be performed. The performance of the regulatory body impacts the entire insolvency system. Academics have noted that the Master does not meet the standards of what is expected of an insolvency regulator. The Constitution requires that the power of the state be defined and regulated by the law to ensure the protection of the interests of society. State regulation must comply with the underlying values of the Constitution which also includes the protection of the interests of society. The state has a constitutional duty to protect societal interests, ensure that justice is promoted and ensure that just administrative action is achieved. The Master also has the requisite duty to protect societal interests. Academics have found that the objectives and outcomes of the regulation of insolvency law are still not in line with the Constitution and the values and principles it enshrines. Criticisms of the Master’s office include the lack of resources and institutional capacity, the lack of sufficient investigative powers and insufficient guidelines for the Master when applying their administrative discretion when appointing provisional insolvency practitioners. The lack of regulation of insolvency practitioners in South Africa has also been criticised which has a negative impact on the performance of the insolvency industry. Academics have proposed suggestions to reform the regulation of insolvency law in South Africa. However, none of these suggested proposals have been implemented as yet. The most recent development is the draft policy on the regulation of insolvency practitioners that has been submitted to NEDLAC in 2012. The policy aims to provide guidelines relating to the appointment of provisional insolvency practitioners. The policy also includes a code of conduct which insolvency practitioners must adhere to in order to be appointed as a provisional insolvency practitioner. The policy has the potential to provide sufficient guidelines to the Master when appointing insolvency practitioners. The precise guidelines in the policy reflect the need for transformation of the industry and the need for administratively fair decision making. Thus, the provisions of the proposed policy will be effective in countering the criticisms and transforming the insolvency industry and profession. Foreign jurisdictions have also encountered the problem of lack of regulation of insolvency practitioners. To circumvent this problem some foreign jurisdictions have made the recent development of adopting (or considered adopting) self-regulation or co-regulation of insolvency practitioners. In comparison to South Africa, they have made more progress towards improving the regulation of insolvency practitioners. The result of this is that South Africa is out of step with foreign jurisdictions. It is imperative that South Africa adopts reform initiatives to strengthen the regulation of insolvency law. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2014.

Les succursales implantées dans un pays étranger sont plus autonomes que leurs consoeurs situées dans le même pays que la maison mère. Elles évoluent dans un environnement juridique différent et par conséquent les liens avec la maison mère sont distendus. Le tribunal de l’Etat d’accueil de la succursale est compétent et les lois de ce pays sont applicables. Toutefois, les lois du pays d’accueil ne sont pas les seules à être applicables. L’absence de personnalité juridique des succursales aura pour conséquence la sollicitation des lois de la maison mère. La cohabitation entre territorialité et extraterritorialité des lois peut donner lieu soit à des conflits soit à des situations de fraude. En l’absence de coopération entre Etats, les succursales qui sont des formes de rayonnement extérieur de la société deviennent des instruments pour pratiquer non seulement le forum shopping mais aussi le law shopping et le tax shopping. / The branches implanted in foreign countries are more autonomous than branches situated in some country as the parent Company. They evolve in a different legal environment and consequently the links with the parent Company are distended. The Court of the State of reception of the branch is competent and laws of this Country are applicable. But the laws of the host country are not the only ones to be applicable. The cohabitation between territoriality and extraterritoriality of the laws can give rise either to conflicts or the situations of fraud. In the absence of cooperation between States the branches witch are forms of brilliance exterior of the Company are transformed into instruments to have a practice not only forum shopping but also law shopping and tax shopping.

The present thesis is concerned with private international law for corporate and insolvency disputes in the context of freedom of establishment. First, it presents the traditional rules of conflict applicable to corporate disputes that have been implemented in some major jurisdictions. Second, it analyses the relevant leading judgments of the European Court of Justice and it demonstrates the way in which, contrary to popular belief, the real seat theory has not been held contrary to freedom of establishment. The thesis then deals with the concept of letter-box companies and examines the limitations that are being placed to the use of freedom of establishment. This is followed by a juxtaposition of the factors that have lead and could lead to regulatory competition for corporate law in the USA and the EU respectively. A modest approach is taken towards the possibility of the latter occurring in the EU. Third, the thesis examines the treatment of insolency disputes in this context. A substantial part of it is dedicated to the definition of the basis for international jurisdiction for the opening of insolvency proceedings, namely the centre of main interests. It argues in favour of an objective test for the identification of the centre of main interests (COMI) and the allocations of certain burdens on both the debtor and the creditors. It then focuses on the treatment of forum shopping in the context on international insolvencies. Based on considerations of consent and economic efficiency, it suggests a definition, according to which certain transfers of the COMI should not amount to forum shopping. Finally, the thesis examines the possibility of a regulatory competition for insolvencies in the EU and seeks to demonstrate that the conditions for such a competition are more analogous between US corporate law and EU insolvency, rather than company, law.

The aim of my diploma thesis is to analyze legislation of the insolvency procedure's impact on the joint assets and how this legislation was changed by the amendment to the Insolvency Act No. 294/2013. This amendment is effective from January 1, 2014 and it brings to the Insolvency Act, inter alia, establishment of a common procedure for a debt relief in a marriage, which was previously only inferred from the case law. Also, there occures a certain refilling and refinement of some provisions of the Insolvency Act in accordance with the case law. This diploma thesis consists of four main chapters. The first chapter deals with the insolvency procedure generally, it presents the necessary conditions for the event, and explains the basic concepts with which it is linked. The second chapter is devoted to general explanations of the joint assets. It defines its content, form in which the joint assets may be located, when and how it arises, and also describes how the joint assets is settled. The third chapter deals with the underlying assets. It is a summary of property that arises for the purposes of insolvency proceedings and from which are the creditors satisfied. This chapter defines the property, which is included in the underlying assets, and also the way to exclude the property from it. There is...

This thesis makes the task of clearly from many angles to describe and analyze the corporate reorganization in Kordárna, Inc. An important part of this plan is certainly describe "new" Insolvency law, the commercial law marks a significant step towards convergence to the West business law. Kordárna , Inc. the company came to the existential problems in the beginning of the year 2009 that lenders with a new crisis management handled the reorganization of the company. It was one of the first applications of the new reorganization law in that scope, which introduced this kind of solution. The emphasis of my work is primarily placed on the causes of problems and that the company pursued a number of different methods, which have to give a comprehensive view of the causes of various angles. My work also deals with the reorganization itself. An important passage is the comparison of solutions of bankruptcy and corporate reorganization, which is why the work has the support of the new insolvency law.

The work is focused on using bankruptcy models and appropriate selected indicators on the data set used, and it identifies how crucial it can be for an enterprise to use an inappropriate model or indicators to decide whether to enter into liquidation or insolvency, and how these business aid indicators can prevent larger business damages that would occur if the risk was ignored. It adds value to controlling activities and can influence the possible prediction of the development of financial problems in the enterprise. Selected models and indicators are tested on a database of companies, which is divided into two groups - bankruptcy and non-bankruptcy. It compares the results of the model evaluation by including the gray zone intervals in the calculation with the results when these intervals are removed. The individual models' reliability is tested both on individual groups and in individual years 2013 to 2017. Selected indicators are tested on the bankruptcy group, which best correlates with reality and confirms the correct selection of indicators for possible prediction of bankruptcy

The aim of this thesis is to assess the impact of insolvency proceedings on the community property of spouses. The thesis is composed of six chapters. The first chapter describes general legal legislations of community property in the Civil Code. In the second chapter are defined relevant concepts of law in the insolvency proceedings related to the thesis topic as a list of assets, assets, incidental disputes, insolvency assets recourse. Fundamental part of the thesis deals with impact of the methods of solving the debtor' s insolvency on the community property and method of community property settlement in particular insolvency regimes - liquidation, discharge from bankruptcy by instalments, discharge from bankruptcy by selling the assets and reorganization. The last, the sixth chapter describes competition of the list of assets when both spouses are in the insolvency that is found in individual insolvency proceedings

Made available in DSpace on 2016-04-25T18:39:55Z (GMT). No. of bitstreams: 1 Alex Moura Magalhaes.pdf: 5395813 bytes, checksum: 0b1c28f586684b224405b247f6768318 (MD5) Previous issue date: 2013-06-27 / This study is the result of a financial evaluation using insolvency models applied in the financial statements of the leading call center companies operating in Brazil. These companies have great representation for the financial sector as well as great potential employment. The goal to be achieved with this study is to identify if there is risk of insolvency in these call center companies, since a research by a consultancy that accompanies the call center market raised the financial risk that occurs in the continuity of business enterprises small and medium-sized due to the high cost of investment to maintain their respective operations and not pass this cost in the final price of the service to the contractors, who do not recognize such investment as value added service / Este estudo é resultado de uma avaliação financeira por meio de modelos de insolvência aplicados nas demonstrações financeiras das principais empresas de call center atuantes no Brasil. Essas empresas possuem grande representatividade financeira para esse setor, como também grande potencial empregatício. O objetivo a ser alcançado com este estudo é identificar se há riscos de insolvência nessas empresas, já que uma pesquisa realizada por uma consultoria que acompanha o mercado de call center levantou o risco financeiro que ocorre na continuidade desse negócio em organizações de pequeno e médio portes, devido ao alto custo de investimentos para manter as suas respectivas operações e o não repasse desse custo no preço final do serviço para as empresas contratantes, que não reconhecem tal investimento como valor agregado ao serviço

The Master thesis provides a comparison of the solution of the bankruptcy in the Czech Republic and in Slovakia. The Insolvency Act and the Act of bankruptcy and restructuralization represent the current legal acts governing the relationship between the creditor, the debtor and the other interested persons. The aim of the thesis is to analyze the insolvency environment and ways of the solution of the bankruptcy in both states (to identify disadvantages and advantages of the particular cases). Furthermore, it aims to analyze the key and critical factors influencing the whole recovery process in the company on the practical examples.