Thesis title: Reorganization under Czech legal regulation Main goal of this diploma thesis is to describe and to analyze the applicable legal regulation of reorganization, contained in Act No. 182/2006 Coll., on insolvency and modes of its solutions. Reorganization, as governed today, represents one of the rescue modes of resolution of insolvency, suitable mainly for the mid-sized to large enterprises. Although even after meeting of all the conditions for its allowance by court, it cannot be understood as a solution for everybody, it represents an interesting alternative to the bankruptcy, leading to the winding-up of the particular company. The diploma thesis is divided into fourteen chapters in total. The first two chapters are dedicated to general issues, i.e. to the definition of the concept of the insolvency proceedings and of its legal regulation, as well as to the legal regulation of reorganization. The emphasis therein is given to the character and goal of the insolvency proceedings, with focus on the interpretation of the concept of "principally proportionate satisfaction of creditors" as one of the key concepts determining the main purpose of insolvency proceedings. Third chapter reflects the basic overview of the process of insolvency proceedings until the issuance of the court decision...

This diploma thesis deals with resolving bankruptcy by reorganization with emphasis on partition on creditor and debtor reorganization. In theoretical part, there are explained basic concepts and ways of bankruptcy resolving according to the Insolvency Act effective from 2008. In practical part of this thesis, there are performed four examples of creditor and debtor reorganizations. As examples of debtor reorganization were chosen cases of Technistone, a.s. and Starorolský porcelán Moritz Zdekauer, a.s.. As examples of creditor reorganization are performed cases of MSV Metal Studénka, a.s. and Oděvní podnik, a.s.. All these cases are clearly described and timelines of each case are performed. In the end of this thesis there is made comparison of these cases.

The main objective of this work, except for clarifying the legislation which defines the process of reorganization under the Czech Insolvency Act 182/2006 as amended, is also to introduce a sample of allowed reorganizations from the perspective of selected economic and non-economic factors. The sample consists of all companies in which reorganization has been authorized by the court from 1.1.2008 to 31.12.2012. The fundamental factors of analysis are causes of default, the processes leading to the approval of reorganization, a way of ensuring operational funding, the duration of the reorganization, the methods of solution, the rate of satisfaction of creditors and others. The methods that were used in the analysis are analytical and descriptive, then evaluation method and comparison. The research was based on publicly available data of the reorganized companies located in the Insolvency register. According to the results it can be generally said that the reorganization is more favorable to creditors than bankruptcy, mainly due to higher rate of speed and satisfaction of creditors. However, the reorganization is not common way of resolving insolvency. For successful completion of the reorganization, directors should start insolvency process at a time when a company is only in a state of imminent bankruptcy. Also, an important aspect is realistic and well-prepared reorganization plan which should be sold to its creditors before deciding on the insolvency by the court. Debtor should have in his mind that just creditors are the crucial factor whether the whole reorganization process will be successful.

The new Insolvency Law came into the account in 2008. It brought number of innovations. New rules for reorganization and dealing with bankruptcy was established. Companies facing the bankruptcy are now allowed to get operational funds by loan financing in the scope of insolvency law. The aim of this thesis is to analyze the use of debt financing during the reorganization under bankruptcy law and identifying motives for his provision creditors. The work also focuses on success factors reorganization and find the main risk areas affecting the outcome of the healing process.

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Made available in DSpace on 2016-04-26T20:21:02Z (GMT). No. of bitstreams: 1 Geraldo Fonseca de Barros Neto.pdf: 1053548 bytes, checksum: 61c89acec90f0b2aee9546e7c0931046 (MD5) Previous issue date: 2012-06-19 / The objective of this dissertation is to analyse the judicial reorganization, conceived from the civil procedure law perspective. This proposed perspective is justified by the finding that reorganization can only take place through procedure law. The richness of the specialty of the proceedings related to reorganization decurrent from the complexity and specificity of the substantive law in scene makes this study even more relevant. In fact, intricate questions arise out of the practical concretion of reorganization, whose solution is found in the light of civil procedure law. Therefore, proceedings shall be studied in connection with the substantive law to which it has been drawn, as procedure law shall not be conceived as an end in itself. Baring this premise in mind, this paper firstly analyses the jurisdictional structure of restructuring, focusing on competence, the judicial trustee and the participation of the Public Prosecution Office. Subsequently, the study concentrates on the identification of the parties, specially regarding their legitimacy. Then the requirements for reorganization admission will be tackled in parallel with issues related to the merits. Thereupon, the present dissertation addresses the reorganization proceedings, step by step, from the statement of claim to the final judicial pronouncement which either grants reorganization or, dismissing debtor's plea, decrees the bankruptcy of the debtor. Furthermore, this paper examines the special proceedings applicable to minor business companies, as well as the credits verification and the proceedings emerging from the performance or the non-performance of the approved reorganization plan. Hence, this dissertation embraces the features concerning the practical concretion of companies' reorganization, through the analysis of the unique reorganization proceedings / O objetivo deste trabalho é analisar a recuperação judicial, a partir do direito processual civil. A perspectiva processual a que se propõe é justificada pela constatação de que somente pelo processo se realiza a recuperação judicial. A riqueza da especialidade do processo destinado à recuperação judicial decorrente da complexidade e especificidade do direito material em jogo faz ainda mais relevante o presente estudo. Afinal, na concretização prática da recuperação judicial, surgem intricadas questões, cuja solução é encontrada à luz do direito processual civil. Evidentemente, o processo é estudado diante do direito material para o qual é desenhado, não se vislumbrando como um fim em si mesmo. Nesse escopo, inicialmente é analisada a estrutura jurisdicional, com foco na competência, no administrador judicial e na participação do Ministério Público. Na sequência, passa-se à identificação das partes, com ênfase na legitimidade. Segue-se o apontamento dos requisitos de admissibilidade, em confronto com as questões de mérito. Chega-se, então, à análise do procedimento da recuperação judicial, passo a passo, desde a petição inicial até a sentença que concede o instituto ou, rejeitando o pedido, decreta a falência do devedor. Também cuida o estudo do procedimento especial destinado às empresas menores, bem como da verificação dos créditos e dos procedimentos decorrentes do cumprimento e do descumprimento do plano aprovado. Pretende o trabalho, portanto, cuidar dos aspectos relativos à concretização da recuperação empresarial, por meio da análise do peculiar processo de recuperação judicial

Introduction: Annually, an estimated 2.5 million traumatic brain injuries (TBI) occur in the United States, of which, over 50,000 result in deaths. Currently, 5.3 million Americans are living with neurological dysfunction secondary to TBIs leading to a $60 billion dollar cost in medical expenses and productivity losses. To date, there are limited treatments available to cure or ease the morbidity of TBI. Despite preventative efforts, traumatic brain injuries (TBI) occur at a staggering rate and it is estimated that 15-20% of survivors develop persistent post-traumatic neurological impairment. The purposed source of neurological dysfunction is a result of circuit reorganization when the brain rebuilds itself. After diffuse TBI, rodents have been shown to develop a late-onset, gain-of-function sensory sensitivity to whisker stimulation; similar to phonophobia and photophobia experienced by human TBI survivors. This morbidity coincides with evidence of post-TBI circuit reorganization, however the etiology of post-traumatic neurological impairment remains largely unknown. Thrombospondin-1 (TSP-1) and thrombospondin-2 (TSP-2) are heavily expressed during pediatric neuronal synapse development. Expression of TSPs, however declines with age. Mechanistically during development, TSP mediates synaptogenesis via bindingα2δ-1 subunit of the voltage-gated calcium channel receptor (α2δ-1). After neurological insult, re-expression of TSPs has been demonstrated and experimental modulation of the TSP/α2δ-1 interaction has led to changes in morbidity. We therefore hypothesize that experimental diffuse TBI will result in re-expression of TSPs, which will be synchronous with increases in synaptic markers in the thalamocortical whisker circuit. Methods: Adult male Sprague-Dawley rats underwent sham or moderate midline fluid percussion brain injury. At multiple time points over 2-months post-injury, expression of TSPs and synaptic markers were quantified from thalamocortical circuit (ventroposterior medial thalamus (VPM), primary somatosensory barrel fields (S1BF)) biopsies using qPCR and automated capillary westerns, respectively. Results: TSP-1 gene expression and protein levels increase in the VPM during the first week after injury. Gene expression of TSP-1 did not significantly change over time in the S1BF, however, there was a significant increase in protein levels in the first and second weeks after injury. No significant changes were demonstrated in synaptic markers in the VPM over the time course. TSP-1 protein levels demonstrated a similar multimodal response to synaptic markers in the S1BF.Conclusion: Re-expression of TSP-1 and synchronous changes in synaptic marker supports a role for TSP-1 mediated synaptogenesis after experimental diffuse TBI in the S1BF. These data positions us for future investigation of pharmacological inhibition of TSP-mediated synaptogenesis after TBI; which may represent a prophylactic strategy against circuit reorganization and neurological dysfunction after TBI.

Thesis (MA)--Stellenbosch University, 2001. / ENGLISH ABSTRACT: After being sidelined for a number of years, South Africa finds itself readmitted to the international community. One of the many issues at stake now is the reform of the United Nations Security Council. This study looks at South Africa's aim to make substantial changes in the international system, with the Security Council being one of the target institutions. This is a mammoth task for South Africa and the study points out the challenges that go with engaging in this process. The study points out an element of ambiguity in South Africa's foreign policy and the challenges that go with making multilateralism a cornerstone of such a policy. While it is not yet clear as to whether South Africa will succeed in changing the behaviour of states and the practice of multilateral institutions, it is at the moment participating in debates that might lead to such changes. South Africa's participation in the Open Ended Working Committee on the reform of the United Nations Security Council constitutes one move among others to ensure a change in the practice of the Security Council. The limits of making multilateralism a cornerstone of foreign policy are outlined with the aim of making policy-makers aware of the implications of the broad scope of their ambiguous foreign policy. While it is necessary to avoid engaging in assignments that might be difficult to manage, the need for South Africa to focus only on what is achievable and not to try and punch above its weight is one aspect this paper emphasises. The paper ends by making recommendations, which include (among others) that South Africa should attempt to secure a seat in the reformed Security Council should such an opportunity arise, but only after a careful consideration of her abilities. / AFRIKAANSE OPSOMMING: Na jare van politieke isolasie is Suid-Afrika weer 'n volwaardige lid van die internasionale gemeenskap. Die hervorming van die Verenigde Nasies (VN) se Veiligheidsraad, het binne die konteks van buitelandse beleid, een van die land se vernaamste uitdagings geword. Hierdie studie plaas Suid-Afrika se hervormingspogings van die internasionale stelselonder die soeklig, en fokus veralop die rol van die VN Veiligheidsraad. Die omvang van dié proses kan nie onderskat word nie, en die studie poog om die vernaamste uitdagings van hierdie hervormings te identifiseer. Die opdrag poog om te wys op 'n mate van teenstrydigheid wat in Suid- Afrika se buitelandse beleid te bespeur is, asook die uitdagings verbonde aan die vestiging van multilaterale betrekkinge as hoeksteen van sodanige beleid. Hoewel daar nog nie duidelikheid bestaan oor die mate van sukses wat die land behaal het met betrekking tot die gedrag van state en die praktyk van multilaterale betrekkinge nie, neem dit tans deel aan debate wat mag lei tot beleidsverandering in hierdie velde. Suid-Afrika se deelname aan die VN Veiligheidraad se Ope Werkskonunittees, rakende die hervorming van hierdie liggaam, is een voorbeeld van die land se verbintenis tot die verandering van Veiligheidsraad praktyke. Die beperkings rakende mulilaterale betrekkinge, 'n steunpilaar van internasionale beleid, word uitgelig ten einde beleidsmakers bewus te maak van die omvattende aard van 'n dikwels, onduidelike, buitelandse beleid. Die opdrag benadruk die feit dat Suid-Afrika sal moet poog om slegs betrokke te raak in internasionale aksies wat binne sy vermoëns val. Dit word afgesluit met 'n aantal aanbevelings. Een hiervan is 'n pleidooi dat Suid-Afrika permanente lidmaatskap van die 'n hervormde Veiligheidsraad verkry indien die geleentheid dit voordoen. Sodanige deelname kan egter eers geskied na deeglike oorweging van die land se vermoës binne hierdie sfeer.

Reorganization with a focus on procedural aspects of insolvency proceedings The legal regulation of insolvency proceedings in the Czech Republic has been subjected to substantial modernization by the Czech act No. 184/2006 Coll., The Insolvency Act. The Insolvency Act comprehensively responds to recent development in the society and economic situation by implementing non-liquidation bankruptcy solutions. The purpose of this thesis is to provide complex insight in to the insolvency proceedings and its components, with a focus on its procedural aspects. The crucial part of this thesis is the analysis of the procedural proceedings, under which the reorganization is carried out. The thesis is composed of ten chapters, each of them dealing with different parts of the procedure. Chapter One generally defines insolvency proceedings as a specific type of civil procedure. Chapter is subdivided into three parts describing the concept and nature of the insolvency proceedings, as well as specific principles by which the insolvency proceeding is ruled by. Chapter Two characterises the entities and participants of the insolvency proceeding while presenting details on their characteristics, capacities and procedural rights. Chapter Three focuses specifically on the decision-making and supervisory activities of...

The intention of the thesis, on theme of Reorganization as the way of bankruptcy solution, is to describe this legal institute complexly and coherently. It begins from the history, continues through the current legislation and finishes with a practical point of view to reorganization and its implications in practice. The first chapter describes influences which affected reorganization in the Czech legal environment. First of all, the insolvency law was affected by historical circumstances in the Czech lands and by changes of political regimes to which the legislation was subordinated. Another subsection is addressed to foreign influences which were used as an inspiration for the legislator during creating of the current legislation. Mainly, it is an American and German legislation. In the last subsection, the EU legislation regarding reorganization is elaborated including effects of the harmonization in the Czech Republic. The second chapter of the thesis describes the legislation of reorganization in the Czech Republic and completes it of the case law especially of the High courts in Prague and Olomouc. The institutes are elaborated one by one according to the order made in the Insolvency act and in order which is usually used during insolvency proceedings. The last subsection is focused on a...