The main objective of this thesis is to describe the issues of liquidation and the liquidator and to find possible solutions of the potential ambiguities of law interpretation. Author presents answers to set research questions about rights and duties of a liquidator and related institutes. The ambition of the work is not to create an exhaustive list of rights and duties of a liquidator but rather bring own inventiveness of the author on this issue. The work is partially focused on regulation of liquidation of capital companies. Author works with the relevant laws, commentaries and law cases relating to the topic. The thesis is divided into three parts that are devoted to individual examined institutes. The author brings different point of views on the topics through the opinions of relevant experts. The first chapter, entitled "Liquidation and a liquidator" describes the liquidator, the liquidation and its goal and purpose. It points out to the fact that the liquidator has remained as body of legal entity. In this context, the author relates a large number of rights, especially duties of a liquidator. Significant part of the thesis is devoted to the question of the possibility of filing a request for erasure of a legal person from the relevant register. The second chapter is devoted to the way of...

The aim of this thesis is to analyse the process of a company's liquidation and most importantly the analysis of the position of the liquidator in this process. Based on an undertaken analysis, a model of the process of liquidation was created and is filed into the analytical part of the thesis. The thesis contains the detailed account of particular liabilities, rights and liquidator steps in the process of liquidation. It answers the questions of the responsibility of the liquidator in the process of the liquidation, the justice of the procedure, the fulfilling of the tax liability, the fulfilling of the liability resulting from running the accountancy connected with the financial reporting, the publishing information and specifications concerning the liquidated company. Last but not least, this thesis finds the answers to discharge creditors' claims, pay the remaining assets, and file a proposal and erase the company from the trade register. There is also a part, which concerns the analysis of the company's period before entering the liquidation and reasons for its entry to liquidation. The important part of the theses is the elaboration of this issue within trade companies, such as investment companies, investment funds, share funds, pension funds, insurance companies, the securities dealers and the others carrying the business in accordance with law of capital market.

Freie Univ., Diss.--Berlin, 2002.

Dessaisir ou ne pas dessaisir, telle est la question intéressant la situation du débiteur en liquidation judiciaire. À l’ouverture de la procédure, le débiteur perd l’exercice de ses droits et actions ayant une incidence patrimoniale au bénéfice de la qualité pour agir du liquidateur. Omniprésente, la notion de dessaisissement n’en demeure pas moins incertaine. D’abord, la nature et le régime juridique de la mesure ne peuvent se concevoir de manière autonome. En effet, seule l’étude du gage commun des créanciers permet la compréhension du dessaisissement. Le lien établi entre les deux notions permet d’affirmer qu’au morcellement du gage commun s’en suit un affaiblissement corrélatif du dessaisissement. Ensuite, si le dessaisissement est objectivement dépendant des fluctuations de l’effet réel de la procédure, ce sont, en outre, les droits conservés par le débiteur qui atteignent la consistance de la mesure. Le respect des droits fondamentaux du chef d’entreprise restreint le domaine du dessaisissement au bénéfice des droits propres procéduraux du débiteur. Ces considérations participent à la mise en œuvre des exigences européennes en la matière et plus particulièrement celle du droit au rebond du débiteur en difficulté. Dans ces conditions, la pérennité du dessaisissement devient source d’interrogations. Entre un anachronisme prononcé de la mesure ou une simple nécessité d’évolution de la notion ; dessaisir ou ne pas dessaisir telle ne pourrait plus être l’exacte question. / Dispossessing a debtor in liquidation proceedings, that is the interesting question which naturally appears in such situations. At the start of the proceedings, the debtor must hand over the ability to exercise his rights and take actions over his assets to the liquidator. Even though the notion of dispossession is omnipresent, it remains an unclear notion nonetheless. Firstly, the type of procedure and the governing legal regime are not mutually exclusive. Secondly, it is indeed only the analysis of the creditor’s common pledge that allows us to understand dispossession. The link established between the two notions asserts that the fragmentation of the common pledge leads to a correlative weakening of the dispossession. If the dispossession is objectively dependent on the fluctuations of the real effect of the proceeding, it is furthermore the rights retained by the debtor that will have an impact on the substance of the measure. Respecting the entrepreneur’s fundamental rights restricts the effect of dispossession on the debtor’s procedural rights. These considerations contribute to the implementation of the European requirements in this area, and more specifically, the debtor’s right to a fresh start. In such conditions, the longevity of the dispossession raises other questions. We must decided between a pronounced anachronism of dispossession or the necessary evolution of the notion – to dispossess or not to dispossess, that is the heart of the question under study.

This study aims broadly to explore the legal and practical problems of winding up and insolvency for charities that are, or ought to be, registered with the Charity Commissioners for England and Wales and to explore possible 'rescue mechanisms.' It seeks to identify common underlying factors or trends associated with charities becoming insolvent or being wound up. The methodology consisted of book work and practical research in which a detailed study was made of 130 charitable companies and the experiences of legal and accountancy practitioners were sought. Twenty case studies were put together from information provided by the practitioners and from the author's own experience. The areas of legal complexity explored include problems associated with land and endowments, and the augmentation principle in respect of bequests to a corporate charity that has been dissolved. Some issues such as property holding and personal liability are more complex in an unincorporated association. Practical difficulties such as disputes between trustees, between staff and trustees, or between members are significant as are the legal and practical complexities associated with the contract culture. Charities represent an important sector of the economy, collectively being worth £19.7bn in 1998, and their success or failure is of public concern. The research indicates that charities are affected by societal changes, legislative change and changes in the attitudes of beneficiaries. Their dissolution or winding up is often a result of a combination of factors, both internal and external and service providing charities appear to be particularly vulnerable. The quality, cost, and availability of professional advice is considered. It is suggested that the role of local intermediary bodies could be enhanced and that a means be found for accrediting the competence of charity advisors, whether professional or lay.

No description available.

No description available.

Reinstatement of liquidation (ss. 208, 209 of the Civil Code) This diploma thesis deals with the legal regulation of the continuing and reinstated liquidation pursuant section 208 and 209 of Act No. 89/2012 Coll., the Civil Code. The continuing and reinstated liquidation are specific cases to which rather marginal attention is paid within the legal order. The aim of this thesis is to point out the essential aspects of this regulation and to solve some of the cases of doubt concerning them, as well as to outline the actual course of these institutes and the prerequisites that must arise for their implementation. The diploma thesis deals with the continuing and reinstated liquidation in two separate parts, which form the core of the thesis. In the individual chapters the legal conditions for the continuation and reinstatement of the liquidation are analysed, as well as the prerequisites that were, in relation to this regulation, specified in more detail or deduced only in the decisional practice of the courts. Particular attention is also paid to the nature and the requirements set out for the nature of the previously unknown property, the needs for other necessary measures and other interests worthy of legal protection, which are the essential reasons for carrying out a continuing or reinstated...

No description available.

This thesis deals with one of the civil procedure institutes, liquidation of probate estate due to excessive debts, also known as liquidation of heritage that is newly designated as liquidation of inheritance. The thesis aims to comprehensively cover the liquidation-of-inheritance-procedure, from the opening of inheritance proceedings till the issuance of the decision resolving the case. The thesis is divided into five sections. Introductory section explains the terminological shift from the concept of liquidation of heritage to the concept of liquidation of inheritance, it acquaints the reader with the legislation changes that took place at the turn of 2013 and 2014 and it outlines the differences between liquidation-of-inheritance-procedure and the standard inheritance proceedings. The second section of the thesis seeks to define the concept of liquidation of inheritance. The definition is being found within the sense and purpose of the legislation of this institute and it is also stated that the legal definition of this institute has not been legally established. In the third section of the thesis, there is a concise summary of development of the liquidation-of-inheritance-legislation in Czechoslovakia and the Czech Republic since the late 19th century to the twentieth century. It may be noted,...