Reorganization under insolvency law Abstract The goal of this diploma thesis "Reorganization under insolvency law" is to provide coherent description of the most important legal institutes of reorganization, which is non-liquidation form of solution of bankruptcy and analysis of these institutes. Reorganization is regulated by the Act. No. 182/2006 Coll, on insolvency and modes of its solutions. The thesis is divided into two parts that are further divided into chapters and subchapters. The first part describes institutes of insolvency proceedings that are common to all forms of solution of bankruptcy with focus on reorganization. This part is divided into five chapters that describe initiation of insolvency proceedings, bankruptcy, content and essentials of motion on insolvency, effects of initiating insolvency proceedings and consideration of motion on insolvency and court decision about it. The second part contains analysis of the reorganization from its start to its end. This part is divided into eight chapters which explain institutes of reorganization in detail. First and second chapter provide a definition of the reorganization and admissibility of reorganization as defined by law. Third and fourth chapter describe motion on permission of reorganization and the method of its approving by creditors...

Insolvency administrator and his role in insolvency proceedings Abstract The thesis deals with the professional requirements for an insolvency administrator and his status and activities in the insolvency proceedings. Considering the frequent amendments of the legislation regulating insolvency proceedings, including the rights and obligations of the insolvency administrator, this is a particularly relevant topic. The aim of the thesis is to provide a comprehensive overview of the conditions which must be met to become an insolvency administrator, what role the insolvency administrator performs in insolvency proceedings and what are his most important rights and obligations. The thesis is divided into six chapters. The first chapter deals with legal regulations governing the status and activities of the insolvency administrator and includes, in particular, two fundamental acts and their implementing decrees. The second chapter addresses the person of the insolvency administrator from a professional perspective, that is to say, what are the preconditions for obtaining permission to practise as an insolvency administrator and under what conditions the authorisation to practise ceases. Furthermore, the chapter covers the area of the list of insolvency administrators and the way in which insolvency...

Reorganization Abstract The subject of this thesis is reorganization as one of conceivable means of resolving insolvency or imminent insolvency within the territory of the Czech Republic. The objective of the thesis is primarily to put this legal institute into the context of the Czech insolvency law and to provide its reader with an insight not only into the legal regulation encompassed in the Insolvency Act but also into all the topical issues that are currently surrounding reorganization. The first chapter acquaints the reader with the development of the Czech insolvency law, in particular with the process of adopting the Insolvency Act and the pivotal conceptual changes it introduced. Furthermore, the chapter revolves around external influences from abroad that have served the legislator as sources of inspiration and as a consequence of which have to a certain degree shaped the Czech insolvency law into its current form. Last but not least, this chapter deals with the legislation of the European Union which primarily governs insolvency proceedings that entail a cross-border element. The second chapter, which forms the main part of the thesis, provides a complex and thorough description of the regulation on reorganization which is contained in the Insolvency Act. At the same time, it provides a critical...

Reorganization under insolvency law Abstract Diploma thesis from quite vague scope, as reorganization apparently is, focused on specific areas in insolvency proceedings and trying to bring a more concrete point of view and a more detailed perspective. Those areas include problems of suitability research that can be use by reorganization institute, as fundamental remediation for solving bankruptcy for various situations. Focus is on both economics, also a legal assumption of the feasibility of reorganization, yet to increase an emphasis on examining the motivation of people, who apparently can affect the enforcement and can significantly affect the implementation of reorganization. Determination process of appropriate way to resolve the insolvency situation is closely related to its solution and is also more detail explained in thesis. As a main key is considered to have enough and sufficient information about debtor's creditors. Valid legal problems and regulations of compiling a professional assessment, which might lead to better knowledge for creditors. In this context, some legislative proposals aimed at improving the usability of assessment in the reorganization are also mentioned. Within the whole work, emphasis is placed on the topics discussed, not only with regard to the recent legislative changes....

Procedure to limit legal capacity, Abstract This paper on the topic of procedures to limit legal capacity is chiefly about the prerequisites, purpose, nature and progress of such procedures and also the form of the rulings issued during these procedures. It maps not only the legal regulations for directing such a procedure in accordance with Act No. 293/2013 Sb., on special judicial procedures, but also its practical impact, current court practice and particularly findings from court practice. This work emphasises and minutely discusses selected issues regarding the procedure to limit legal capacity, i.e. the moment of submission of expert opinions, the need to appoint a guardian ad litem during each procedure, the content, scope and definition of decisions in these matters. This paper also interconnects substantive legal and procedural law, because the inseparability of substantive and procedural law is highly evident in procedures to limit legal capacity, whereas the purpose pursued in Act No. 89/2012 Sb. Civil Code is fulfilled by means of judicial procedures. This paper also briefly compares the regulations concerning the institute of legal capacity in the past and contemporary interpretation of the term. The basis of this paper is a complex treatise of judicial procedures in matters of legal capacity....

The Role of Debt in an Insolvency Proceeding Abstract The thesis aim's to analyze the process of claims in a broader sense: from the filing of the claim, through its review by the insolvency court and the insolvency administrator, to (in the most ideal case) the satisfaction of creditors. The thesis deals with the issues of the claims process and the claims themselves. The analysis of the topic is based mainly on the applicable legislation, current case law, the opinions of professionals in professional articles, and a questionnaire survey. Insolvency law is an essential part of the legal system as it reflects the current economic state of modern society. The topic is topical because the field of insolvency law is constantly being amended, one of the sources of these amendments being changes in social conditions. The legislator aims to make the institution of debt settlement available to a wider range of debtors through amendments to the Insolvency Act and thus reintegrate them into economic life as soon as possible. The thesis is divided into four chapters. The first chapter deals with the description of individual types of claims and their breakdown. The remaining chapters follow the claims process. The second chapter describes the application of claims, including the form and requirements of a claim...

Inaction in Proceedings before the Administrative Authorities - abstract The dissertation thesis deals with the issue of inactivity of administrative authorities in proceedings before them, which from the point of view of legal doctrine and application practice represents the most widespread form of inactivity in public administration. It can be considered as one of the most serious negative phenomena in public administration and its execution. Public administration is primarily seen as an executive (active) activity aimed at fulfilling its tasks set by or based on the legal order and carried out within its limits. As a rule, both legislation and scholarly literature contain material concerning public administration activities and their forms. The issue of inactivity often remains neglected, while in application practice it is a relatively common undesirable phenomenon, which the addressees of public administration encounter relatively often. The dissertation thus represents another source of reflection on this topic. The author interconnected two levels - theoretical and application, which allowed him to examine the issue of inactivity of administrative bodies in a broader context. There are often fundamental differences in approaches to legal doctrine and practice, but there is no reason to always have...

The principle of concentration in civil proceedings The principle of concentration, as one of the basic sectoral principles, manifests itself in civil proceedings in such a way that the proceedings themselves are made up of specific stages, in which it is always necessary to perform the acts for which the stage is intended. Procedural actions are thus concentrated. This means for the parties to the dispute that, at a particular stage of the proceedings, they must carry out all the procedural steps for which that stage is intended, under the result of preclusion. The purpose of this factual and evidentiary "stopstate" is to guarantee prompt and effective judicial protection of the subjective private rights of the party under § 6 o. s. ř. and to hear and decide the case without undue delay and respect constitutional right to a fair trial. In the current wording of the o. s. ř. we have a number of elements of concentration introduced by a major amendment and a comprehensive amendment to the Code of Civil Procedure. However, the way in which they were implemented by the legislator did not always lead to the perfection. The adjustment of the concentration is often inconsistent, rigid, creates inequalities between the plaintiff and the defendant and can, paradoxically, lead to delays in the proceedings. The aim...

1 Filing claims in insolvency proceedings Abstract The topic of this master's thesis is the issue of filing claims in the Czech insolvency proceedings, especially the lodging of claims but also other ways of filing claims. Furthermore, the thesis deals with the legal regulation of lodging claims in European insolvency law. Finally, the subject of the thesis is the evaluation of the position of creditors and debtors in insolvency proceedings with a detail on discharge of debt. The aim of this thesis is to comprehensively elaborate on the issue using the Czech legislation and the European Union legislation. To deepen the legal analysis of the filing of claims the author uses already established court practice and other case law conclusions of higher courts, as well as professional literature. In addition to the descriptive method of defining the issue, the author also applies her own evaluating conclusions and considerations and uses the experience gained from her insolvency practice. The author describes the system of lodging claims including the analysis of the deadline for lodging claims and disputes arising from this regulation and further deals in detail with the lodgement form, its submission and the creditor's responsibility for the correctness of the lodgement. The author characterizes specially...

Debts relief of natural persons - entrepreneurs The diploma thesis deals with the topic of discharge of debts relief of natural persons - entrepreneurs in the Czech legal system. The aim of the work is mainly to provide insight into the current regulation of debt relief for enterpreuners and to summarize the historical development of this institute. The diploma thesis is divided into an introduction, seven chapters and a conclusion. The first chapter deals with the general issue of debts in the Czech Republic and its reasons. The chapter emphasizes the two most common reasons for indebtedness of individuals in the Czech Republic, which are bank loans and non-bank loans. The second chapter defines the concept of bankruptcy and its conditions under the Insolvency Act. In this chapter, special attention is paid to rebuttable presumptions of bankruptcy and their fulfillment. In addition, this chapter also lists ways to deal with bankruptcies and briefly explains the differences between those. The third chapter deals in detail with debt relief as one of the ways to deal with bankruptcy. This chapter describes the individual phases of debt relief and also the methods of it according to current legislation. The fourth chapter contains the definition of the term entrepreneur according to the Civil Code. In...