The past thirty years have seen rapid advances in the technological component of banking services and as a consequence new legal issues have come to the fore, especially with regard to Electronic Fund Transfers (EFTs) which are now used to transfer money around the world, and have made fund transactions between payers and payees easier, faster and more secure. The method involves risks for both banks and customers, due to the possibility of unauthorized payments risks, credit and insolvency problems, and confidentiality issues. Most contracts and obligations now depend on the new technology, although there is a variety of methods for dealing with the concomitant risks. EFTs share a number of similarities with paper-based funds transfers in regard to methods of regulation, and the careful observer can identify patterns and themes. Today, the business world depends heavily on EFT systems for its procedures; and government and academia have also taken a keen interest in EFTs. This thesis reviews and examines the existing legal position of liability of banks and customers for risks associated with EFT transactions: unauthorized EFT instruction and the problem of customer identity, credit risk and privacy, especially, the systems employed for safeguarding the customer’s transactions and data. The thesis also makes recommendations for change. The rules for the allocation of risk are based on the various mechanisms used to access the account. Also, due to the complexities of EFT, consumer protection becomes a paramount goal and is a subject of much concern, particularly when it comes to determining liability for losses. The UK government implemented the Payment Services Directive 2007 by adopting the Payment Services Regulations 2009, to regulate the system. However, such Regulations do not constitute a comprehensive regime that applies to all legal issues arising in the context of the EFT system. This study argues the necessity for a re-examination of existing laws and proposes a model for the future approach to the issues associated with EFT payment. Different approaches to EFT will be assessed, and the comparative and contrasting elements will be analysed in order to propose a comprehensive solution to the deficiencies in the current framework. Central to the problem is the absence of any uniform standard: individual banks offer differing contractual terms and conditions and different means of accessing accounts. Consequently it is time to formulate new and comprehensive rules for the allocation of liability of risks associated with EFT transactions.

Article 21 of the Insolvency Act states that the estate of the solvent spouse transfers to the curator of the insolvent spouse's sequestrated estate. The solvent spouse then has the burden to request the release of property vested in the curator of the insolvent estate. In accordance with Article 21(2), the spouse is required to prove a lawful title on the property. Should the spouse be able to prove a lawful title on the property, the curator is obligated to release the property. Although the constitutionality of this temporarily "deprivation" of the solvent spouse of her rights has already been confirmed by the Constitutional Court; it imposes drastic limitations to his/ her rights. The Insolvency Act does not incorporate procedural measures by means of which the curator has to establish whether the solvent spouse has exempted his/ her from the proof burden. In the same breath, the Constitution and the Promotion of Administrative Justice Act warrant that "everyone has the right to administrative action that is lawful. reasonable and procedurally fair." If the curator's actions, in accordance with Article 21. conform to the administrative procedures as set out in the Promotion of Administrative Justice Act, the spouse shall be entitled to administrative actions which are procedurally fair as concluded within the Promotion of Administrative Justice Act. The conclusion is proof that the actions of the curator, in accordance with Article 21 of the Insolvency Act, is indeed administrative by nature and that the solvent spouse has the right to administrative actions which is procedurally fair as prescribed in the Promotion of Administrative Justice Act, as well as the right to reasons for not being granted the release of property. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2007.

1 Abstract Invalidity and Ineffectiveness of Legal Acts in Insolvency Proceedings The purpose of my thesis is to describe and analyse statutory framework of rules which prevent underlying assets from being unlawfully reduced. The thesis is composed of five chapters which are divided into subchapters. The core of the thesis lies in chapters 4 and 5. Introductory chapter explains collective essence of insolvency proceedings in which claims of creditors are satisfied proportionally. Then it clarifies core of this thesis, i.e. analysis of acts, whom debtor reduces underlying assets, or rather his creditors. It also explicates changes in terminology, which are caused by recodification of civil law. Chapter Two describes development of ineffectiveness since Roman law until the present. Third chapter, concerning civil law, is subdivided into four subchapters. The first defines legal act. Second describes its invalidity. The third, which is most extensive, deals with relative ineffectiveness in civil law. Its parts relate to the reasons of ineffective legal acts, trials about them and consequences of ineffectiveness. Last subchapter summarizes opportunities of application this rules in insolvency proceedings. Chapter Four which concerns insolvency proceedings is divided into two subchapters. The first of them deals...

This work aims to provide a comprehensive overview of the raising the claim in the insolvency proceedings. There is an explanation provided for each type of claims together with practical examples targeting the most problematic aspects of application of Act No. 182/2006 Coll., on bankruptcy and means of resolution thereof (hereinafter "The Insolvency Act").The work is not limited only to a process of raising the claim in insolvency proceedings but it systematical describes further existence of raised claim in the insolvency proceedings. There are also two more chapters dealing with the review of claims and their satisfaction. The work deals with the effective legislation, meaning the insolvency act. There is pointed toward the specific legislation in specific cases when adequate. This legislation is contained in the Act No. 328/1991 Coll., on bankruptcy and settlement (hereinafter "The Bankruptcy and Settlement Act"). I also took into account the significance of the novelization of the insolvency act number 294/2013 Sb. (so called revision novelization) and I point out the cases of modifications based on this novelization.. I also refer to the previous legislation contained in the bankruptcy act. Together with this I explain the development of insolvency law from the adoption of an insolvency act until now....

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...

The thesis named The solution of insolvency of a debtor by his discharge focuses on characteristics as way of solutions of insolvency of a debtor - discharge according to Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The whole thesis is divided into five chapters. The core of the thesis is in the third chapter dealing with the discharge of the debt. The first and second chapter deals with insolvency proceedings and the bankruptcy and its solutions. The bankruptcy and its variants are defined here as well as the description of rehabilitation and liquidation solution of insolvency. The fundamental and the largest chapter is the third chapter, which deals with the institute of the discharge as one of the rehabilitation solution of the insolvency of a debtor. In subchapters there are described forms of debt discharge, audition, payment schedule and combination both of these. The advantages and disadvantages are mentioned for each form of debt discharge. The course of the insolvency proceedings is described from the submission the insolvency petition until the end of the insolvency proceedings including the decision on fulfillment of discharge and release from debts. The statistics relating to insolvency proceedings focused on discharge are analyzed in fourth chapter, the...

Title of the Master's thesis: The solution of bankruptcy in the form of reorganization Summary The main objective of this diploma thesis is to provide a sufficient description and analysis of the solution of bankruptcy in the form of reorganization which is regulated by the Act. No. 182/2006 Sb. The complex issue of reorganization is essentially a method for non-liquidation solution of bankruptcy usable only in the case when a debtor is an entrepreneur. It uses various methods of restructuring debtor's business in order to satisfy the creditors to a greater extent than in the case of liquidation solution of bankruptcy. The thesis is divided into fifteen chapters that are further divided into subchapters. Chapter one briefly describes the history of bankruptcy law. The second chapter is an explanation of nature of insolvency law focusing also on the economic aspect of insolvency. The following chapter defines bankruptcy within the meaning of applicable legislation. The existence of bankruptcy is essential for insolvency proceedings at all. The most important subjects of insolvency proceedings are parties to the proceedings. Their position is described in detail in the fourth chapter. Chapters five to thirteen then provide detail analysis of the institute of reorganization. There is provided a definition of...

The subject of thesis is "The position of the creditors in the insolvency proceedings". The purpose of my thesis is not only to bring the position of creditors as individuals or as part of the creditor body, but also notice the significant changes which the bankruptcy law was amended. These changes especially strengthened the status of creditors in exercise of claim in insolvency proceedings and in the control of procedure. The thesis is composed of five chapters, each of them are divided to parts, which attend to particular theme. The first chapter is the introduction of its own rules of insolvency law. The second chapter examines the participation of creditors in insolvency proceedings, especially in view of the statutory condition - multiplicity of creditors in the part 2.1. Following the part 2.2 approximates the beginning of the insolvency proceedings then the notice of insolvency proposal. In this chapter also made an excursion to the provisions about the moratorium, which ensures the protection of the debtor. Part 2.3 is concerned with exercise of claims and on the grounds of that with their dividing. Part 2.4 deals with the problem deliberation and negation of claims. The last part 2.5 is address to incidental disputes and incidental action. The third chapter is divided into two parts that...

Discharge as one of debt-eliminating modes of solving bankruptcy Abstract The aim of this thesis is to define the new law institute as regards insolvency law that is defined in the Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Law). The act came into force on 1.st January 2008. The purpose of this thesis is also to describe the practice of courts when applying afore mentioned law and specify some difficulties concerning new legislation. Discharge from debts is one of the remediation methods to resolve the debtor's bankruptcy. The idea is to allow the debtors to exempt from the payment of their debts and start new life free of debt. Discharge from debts is a tool for solving the so-called consumer bankruptcy people who are not entrepreneurs. The part of the thesis deals with the personal scope of discharge. Furthermore, it is up to the court to decide whether it discharges debtors from their debts. The basic premise is the honest intention of the debtor. Another assumption is the fact that the debtor will satisfy at least 30 percent of the claims of unsecured creditors. Discharge from the debts can be secured in two ways. The first way is to liquidate the debtor's estate and the second, is to fulfill monthly payments in five years, the second solution is often preferred by the unsecured...

The legal enactment No. 182/2006 Sb., Insolvency Act that came into force on January 1st 2008 introduced the new concept of Discharge of Debts in the Czech Law system. This mode of solution is intended solely for non-entrepreneurs (this institute cannot be used for companies or individual entrepreneurs). Personal bankruptcies account for the majority of insolvency proceedings in the territory of the Czech Republic and it can be assumed that this long-lasting trend will continue to grow. The institute of Discharge of Debts gives consumers an effective opportunity to legally get rid of their debts through one of two ways, namely repayment schedule and sale of the debtor's assets, and start again with a clean slate as an active member of the Economic Society. The aim of this thesis is to give a comprehensive analysis of the institute of Discharge of Debts, from defining the causes that lead to bankruptcy, interpretation of basic concepts, to the description of the necessary proceedings leading to the declaration of bankruptcy, process of Discharge of Debts itself and differences of its two basic ways. This theoretical basis is supplemented by my knowledge that I have gained during my internship in a law office, which also performs the function of insolvency trustee. The thesis is composed of eight...