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Insolvency and tax laws are the main topics of my work. It explains the connection of these two laws, depending on insolvency proceedings in the tax administration.

This diploma thesis deals with the insolvency administrator and its function, which it performs in the insolvency proceedings. In my work I deal with the legal regulation of the insolvency trustee, its function in the chosen way of solving bankruptcy, and also assess the impacts of the changes made in recent years as well as the changes that this area is still waiting for. The aim of this diploma thesis is to analyze the institute of the insolvency administrator in terms of its role, significance and influence in insolvency proceedings. The objective is also to assess the change in the system of determining insolvency administrators by focusing on assessing whether the new method is actually more transparent and whether this change affects the transparency of the whole procedure.

This diploma thesis deals with issues of the insolvency proceedings with further focus on methods of valuation of assets and creditor's claims. The thesis defines the basic terms of insolvency law and outlines the insolvency procedure. The following parts describe the basic principles of valuation in accounting and business valuation methods. The practical part deals with the analysis of the specific insolvency proceedings against NERIA a.s., focusing on the assets and its valuation.

When an employer becomes insolvent, employees’ claims for unpaid wages and contributions may be protected through statutory priorities, social security schemes, or a combination of both. This article compares the interplay of employee statutory priorities, if they exist, and social security schemes in France, Germany, and the United Kingdom. While France protects employees through both a statutory priority and a social security scheme, Germany and the United Kingdom have progressively reduced employment protection over the last forty years. Theories of varieties of capitalism and of legal origins cannot fully describe and explain the development of employment protection strategies in these countries. The evolution of the German and British regimes, in particular, are better explained as a sign of profound cultural shifts regarding the position of labour within firms and vis-a-vis other stakeholders. Finally, I also show that a cumulative application of employee priorities and insurance schemes is not necessarily redundant.

The bachelor thesis deals with the upcoming amendments to the legal regulation of the debt relief procedure in the Czech Republic. The Amendment Act no. 64/2017 Coll., which revises Act no. 182/2006 Coll., On Bankruptcy and Its Resolution (Insolvency Act), so called Accreditation Amendment, has recently been adopted. It will come into force on the July 1, 2017. The Government also submitted the draft amendment to the Insolvency Act, so called debt relieving, to the Chamber of Deputies (Parliamentary print no. 1030/0). The aim of this thesis is to evaluate the newly adopted and recently proposed legislation. The first two chapters provide the essential introduction to the topic of the insolvency proceedings and the debt relief analyzing the current legal regulation of these institutes. The third key chapter is focused on the analysis of newly introduced legislation and the draft amendment which has been proposed. It also analyzes its possible impact.

This thesis deals with financial analysis of two chosen companies 5 years before decision on bankruptcy and two years after this decision. The thesis is splitted into two parts: theoretical part and practical part. Theoretical part deals with the definition of the issues of insolvency firstly from point of view of law, secondly from the accounting perspective. Further definition of financial analysis, evaluation of the use of financial ratios. The theoretical part also explains the IN bankruptcy model. The practical part concentrates on selection of two concrete companies and performing the financial analysis. A period of 7 years was chosen - 5 years before decision on bankruptcy and two years after this decision. Insolvency was solved by reorganization or bankruptcy. Practical part imply the IN bankruptcy model. At the end is a comparison of the results, which is then interpreted.

This thesis focus on the insolvency proceedings, which were performed in the company MOTORPAL, a. s. During more than seventy years of its history, this company built its strong position on foreign markets in the area of production of fuel injectors for diesel engines and also now belongs between the largest employers in the Region of Vysočina. Constantly deteriorating financial situation forced the owners of the company to take strong measures to restore the company, which led, with the support of secured and unsecured creditors, to preparation and drawing up of reorganization plan. The plan was attached to insolvency application of the company, which meant that company chose the pre-packed reorganization as a way how to solve its bankruptcy. The thesis analyzes the main steps of whole process and highlights all the prerequisites which led to successful completion of this insolvency proceedings and to renewals of financial stability of this traditional Czech manufacturing company.

The aim of rigorosum thesis is to give an analysis of the various institutes of insolvency law with a focus on the creditor and the procedural steps in the insolvency proceedings, accompanied by a comparison method, case law, the views presented in technical writing, knowledge of practical life creditors and critical evaluation of problematic issues applicable legislation. The result of the work should be comprehensive methodology of conducting the creditors during the insolvency proceedings, from its opening to the moment when the insolvency proceedings on procedural grounds built for sure that the creditor's receivable is determined and the lender will be satisfied with any of the bankruptcy. The work is divided into seven chapters, each chapter reflects significant legal field relating to creditors and their claims. The introductory part is rather theoretical focus, especially on the subject of insolvency proceedings, bankruptcy legislation and its development rights, the principles on which the insolvency proceedings is, definition of debt as contract law and a person lender. Another chapter discusses the course of bankruptcy proceedings, from its launch until the bankruptcy court decides whether the debtor's bankruptcy or not qualified. Among other things, the chapter also explains the meaning of...

The Title of the Diploma Thesis The issues of the community property in insolvency proceedings, with the emphasis on the property and common discharge of debts. Resume: The aim of this thesis is to map the field of the issues of the community property in insolvency proceedings; both in case of solving the insolvency of the debtors through discharge of the debts and in case of the bankruptcy. These are very hot issues because the current legal regulations are insufficient in their reaction to the problems which appear in common practice. Another reason is the wide variety of these problems which the practice brings and which cannot be answered with the help of the law. I tried to point out some of them and in the second part of the thesis to propose some particular cases and their solutions. Regarding the contents of this thesis it is divided into two parts, namely theoretical and practical. The first part also contains in its introduction the evaluation of the current legal regulations and the amendments being prepared, in particular the amendment No. 64/2017 Coll., which will be effective since 1st July 2017 and brings a lot of essential changes. Further I focused on the terms community property (its formation, termination, object and potential modifications) and the term property (its securing and extent,...

The attempt of this diploma thesis is to introduce the reader various types of civil procedure. The civil procedure is one of the types of justice besides criminal, administrative and institutional justice. The civil procedure represents the united process, which is internally differentiated. This differentiation is the result of historical development, when the original function of the civil procedure access additional features. The purpose of the civil procedure is not only to provide protection to endangered rights. Another function is to protect the rights against threat. Finally, there is the function of execution and reinsurance. The purpose of this thesis is to provide a comprehensive overview of the various types of civil procedure, their characteristics, common features and differences. The content of this thesis are various types of civil procedure and it is divided into three parts. The first part deals with the civil procedure in general and it's history. The second part, as the main part of the diploma thesis, focuses on characteristics of each types of civil procedure. First there is described civil trial proceedings, which is divided into contentious and non-contentious proceedings. The purpose of civil trial proceedings is to protect the violated or threatened rights or regulation...

This paper examines determinants of creditors' claims satisfaction in insolvency proceedings in the Czech Republic. To our knowledge, it is the first research to such extent in the Czech Republic covering this field. Combining microdata from Insolvency Register, Business Register, Ministry of Finance and other sources, we construct a unique dataset of more than 2,600 cases. We identify several basic determinants of satisfaction: a higher share of secured claims, real estate and cash in assets of a company, submission of financial statements into Business Register, selling the business as a whole within the proceedings, and entrepreneur cases. We find no such effect for the audit of financial statements or for the age of a company. Moreover, we search for other indicators that may result in the lower satisfaction of claims, out of which five are statistically significant: a homeless person in statutory body, registered office at a firm nest, being listed as unreliable VAT payer, a connection to persons that have multiple records in Insolvency Register and a substantial increase in depreciation in the period between the last two submitted financial statements. In contradiction to the bankruptcy prediction literature, we show that the financial data are unreliable for predicting the outcome of insolvency...

Position of secured creditor and satisfaction of his claim in insolvency proceedings The aim of the thesis is analysis of secured creditor and his position during the proceeding and process of satisfaction of his claim registered in insolvency proceeding. The purpose of this thesis is to focus on current as well as practical issues. The scope of the thesis is systematically arranged in five chapters, describing the institute of process entities, the position of secured creditor, the satisfaction of secured creditor together with the contrary situation, i.e. the claim of secured creditor is not satisfied, and finally the position of secured creditor after the end of insolvency proceeding. The thesis brings a whole notion of chosen issue.

124 English abstract This doctoral thesis is apart from the obligatory introduction and conclusion divided into 6 chapters. The thesis focuses the tax aspects of the insolvency proceedings from both the procedural and substantive perspective. From the procedural point of view, the consequences of bankruptcy and ongoing insolvency proceedings are dealt with. Further the topic of recovery of tax debts is discussed. From substantive law areas, the thesis focuses on the taxes that are relevant generally for all taxpayer. The sector specific taxes such as excise duty and environmental taxes are excluded from this thesis. The brief definition of key terms of insolvency proceedings, including the categorization of receivables, is followed by the description of insolvency proceedings and individual methods of resolving bankruptcy. The following four chapters cover the tax aspects of insolvency proceedings itself. The first of them focuses on the procedural aspects. Firstly, the general consequences of a bankruptcy and insolvency proceedings is addressed. Further, the thesis deals with the deadline for extraordinary submission of tax returns that are closely connected to the bankruptcy. Also other tax proceedings instruments influenced by the insolvency are briefly dealt with. Last but not least, this chapter...

This work intends to analyse current normative regulation of the institute of discharging debts, interpreting relevant provisions and point out some actual problems, which are dealt with in the judicial practice and that arise as a result of application of some statutory provisions in the process of solving bankruptcy problems of a debtor by the ways of discharge from debts. The doctoral thesis deals with institute of discharging debts as new a preservation method of solving debtor's bankruptcy situation, brought to the Czech legal system by the Insolvency Act. Beside chapters focused on discharging debts as a main subject of this Thesis, other chapters are concerned with the history of bankruptcy law including Act on Bankruptcy and Settlements and its comparison with the amendment contents in the Insolvency law. Still other chapters contain explanation of the basic concepts of Insolvency law such as bankruptcy, impending bankruptcy, insolvency, atc., brief description of the course of Insolvency proceedings including Insolvency proposals issuing from the judicature view, and some particular ways of solving a debtor bankruptcy. With regard to the fact that discharging debts is impossible to interpret independently of Insolvency proceedings as it is whit spacific deviations pervading it's whole...

This diploma thesis describes the main specifics of position of spouses in insolvency proceedings, which is recently more and more relevant, but there is a lot of application and interpretation ambiguilties, which are related with this topic. This problem is by degrees solved by case law. The content of the diploma thesis is divided into four chapters. In the first chapter, the author gives a brief description of the history of the insolvency proceedings. The author's attention is paid especially to the regulation, which preceded the force of the Act. No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency and its solution modes (Insolvency Act) and Act No. 312/2006 Coll., on insolvency administrators. The emphasis is placed on the three ways of discharge of debts, which were possible for spouses in that time. The second chapter, defines terms, that are closely related to the topic and are necessary for further treatise of insolvency proceedings. These are marriage, common property of the spouses, insolvency proceedings and its solution modes. The third and also the main chapter of the whole work is devoted to discharge of debts of spouses. It is a relatively new institute, which was regulated by the Act No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency...

The aim of the bachelor thesis is to analyse the newly adopted European Regulation (EU) No. 2015/848 as of 20 May 2015 on Insolvency Proceedings (the "Regulation") that shall enter into force in June 2017, especially as regards cross-border insolvency of group of companies. The theoretical part of the thesis introduces the background of European legislation in the field of international private law and concentrates especially on pieces of legislation regu-lating the insolvency proceedings. The thesis analyses the reasons for general recast of the regulation as well as reasons for extension of the scope of the regulation by the rules for cross-border insolvency of group of companies. The practical part consists of a simulation of cross-border insolvency proceedings where a group of companies is concerned. It also contains template documents and charts for the use of insolvency courts and insolvency trustees.

The main goal of this thesis called "The institute of administration in Czech and English law and its application in practice" is to provide an overview of insolvency administration, its regulation and practical application in the Czech Republic and in England, to verify the hypothesis that administration, as a rescue solution for insolvency of companies, is, in comparison with the situation in England, being used insufficiently in the Czech Republic and its success rate is also low, as well as concluding, what is the reason of this situation. This goal has been fulfilled in four chapters. The first chapter contains the general definition of administration, its position in the system of insolvency law as well as an overview of its historical development. In the second chapter is described the practical usage of this legal institute in the Czech Republic, and this is done through an analysis of applicable law regarding administration but also insolvency proceedings as a whole, as well as analysis of available data regarding the application of administration, probability of its usage as well as positive outcome, in practice. The same is done for England in the third chapter, so the hypothesis can be validated and its causes analysed in the fourth chapter. As a result, the hypothesis has been proven....

The Master's Thesis is focused on reorganization as bankruptcy solution according to Act No. 182/2006 Coll., Bankruptcy and Settlement (Insolvency Act), as amended. With a usage of comparison method, it analyses two specific insolvency proceedings which were solved in past and on the basis of their mutual comparison identify important factors that were crucial to determine different results of the proceedings. The main goal of the thesis is to uncover the factors affecting the insolvency proceeding positively or negatively. In first theoretical part there is the analysis of Insolvency Act. The results and knowledge gained in the first part are applied to a comparison in the second one where various data from financial reports and index IN05 are used. These values together with IN05 model are applied as a reflection of important moments which had underlying influence on reorganization process result. In the end of the thesis there is the summary of all gained facts and also different important negative and positive factors are revealed. The thesis shows that it is very difficult to anticipate the result of reorganization for external subject.

The purpose of insolvency proceedings in case of bankruptcy is to find out registered proof of dept and its subsequent relative satisfaction from the proceeds of the realization of estate. The main activities of the insolvency practitioner in the performance of his function is to review the filed claims of creditors, the findings of the estate and its subsequent inventory, management and sale. Position of the insolvency practitioner in the insolvency proceedings is a complicated issue, which is in our legal environment little discussed by legal theorists and it is necessary in many cases work solely on the insolvency practice. The aim of the thesis is to evaluate the current legislation regarding the insolvency practitioner and his role in insolvency proceedings with respect to the professional literature, the applicable legislation and case law. The thesis also shows the complexity of the position of the insolvency practitioner. At the beginning of the second chapter is given a definition of procedural subjects in insolvency proceedings and theoretical understanding of the function of the insolvency practitioner. The second chapter describes the particular position of the insolvency practitioner, on the basis of its relations with other procedural subjects. The third chapter specifies the basic...

Finančna zavarovanja so izraz za posebna pravila, ki veljajo za zavarovanje terjatev in so bistvenega pomena za delovanje finančnega sistema. Ureja jih Direktiva 2002/47/ES, v slovensko zakonodajo pa so bila implementirana z ZFZ. Gre za posebno ureditev znanih pravnih instrumentov, ki velja ob splošnih pravilih za zavarovanje terjatev. Posebna pravila veljajo zgolj za pravna razmerja med določenimi subjekti ter za točno določene predmete zavarovanja. Zanje velja omejena obličnost, visoka stopnja skrbnosti delovanja in posebna pravila v primeru insolventnosti pogodbenih strank. Namen finančnih zavarovanj je zagotavljanje hitrih in neformalističnih postopkov izvršitve zaradi zagotavljanja finančne stabilnosti in omejevanja učinkov neizpolnitve finančnih obveznosti. Sprejem ZFZ je v slovensko zakonodajo vnesel določene novosti in sicer omilitev prepovedi komisornega dogovora, pridobitev pravice na finančnem instrumentu ter tudi možnost prisvojitve in uporabe predmeta finančnega zavarovanja. Banke ter druge finančne institucije, kot subjekti finančnih zavarovanj, imajo izredno pomemben položaj v gospodarskem sistemu Evropske unije, zato imajo tudi privilegiran položaj v insolvenčnih postopkih, kar bo tudi vodilo celotne diplomske naloge, in sicer oris posebnega položaja finančnih zavarovanj v insolvenčnih postopkih. V diplomski nalogi pa bo zajeta tudi vrsta stvarnega zavarovanja – notarska prodaja, ki je bila vključena v ZFZ leta 2013, ki omogoča zunajsodno prodajo zastavljene nepremičnine. Financial collaterals are the expression of specific rules applicable to collateral receivables and are essential of the financial system functioning. They are governed by Directive 2002/47/ES, which was implemented into Slovenian legislation by Financial Collateral Act (ZFZ). It is a special regulation of known legal instruments, used alongside general rules for financial collateral. Special rules apply only to legal relationships among certain subjects as well as for specific objects of collateral. They are the subject of limited formality, a high care and operational level and having special rules in the case of insolvency of the contracting parties. The purpose of financial collateral is providing rapid and non-formal enforcement of procedures for ensuring financial stability and limiting the effects of failure to fulfill financial obligations. Implementation of ZFZ into Slovenian legislation has introduced certain novelties, namely mitigation of the prohibition of lex commissoria, the entitlement to a financial instrument as well as the possibility of appropriation and use of the financial collateral object. Banks and other financial institutions, as subjects of financial collateral, have an extremely important position in the economic system of the European Union, and therefore have a privileged position in insolvency proceedings, which will also lead the entire thesis, namely the outline of the specific position of financial collateral in insolvency proceedings. The thesis will also cover the type of real estate insurance – a notary sale, which was included in ZFZ in 2013, and allows extra-judicial sale of the mortgaged property.

V magistrskem delu bo predstavljeno delo stečajnih upraviteljev in pooblaščenih ocenjevalcev vrednosti, predvsem v postopkih zaradi insolventnosti. Ko je govora o stečajnih upraviteljih, je njihova vloga, kljub temu, da je izjemno zahtevna in obsežna, zelo jasno opredeljena v Zakonu o finančnem poslovanju, postopkih zaradi insolventnosti in prisilnem prenehanju. Naloga stečajnega upravitelja v postopkih zaradi insolventnosti je ključnega pomena za uspešno izpeljan postopek. Zgodba pri pooblaščenih ocenjevalcih vrednosti je nekoliko drugačna, saj sta matična zakona, ki urejata to področje, dva, in sicer Zakon o sodiščih in Zakon o revidiranju. Tudi pooblaščeni ocenjevalci vrednosti odigrajo pomembno vlogo v postopkih zaradi insolventnosti, saj posedujejo strokovno znanje, ki je ključnega pomena za uspešno izvedene postopke. V prvem delu magistrskega dela se bomo najprej dotaknili razlage nekaj osnovnih pojmov za lažje razumevanje nadaljnje materije, ki je predmet obravnave. Podrobneje bosta predstavljena delo in vloga stečajnih upraviteljev, ločeno v postopku prisilne poravnave in stečajnem postopku. Prav tako bo govora o nadzoru nad ustreznim opravljanjem dela stečajnih upraviteljev. V drugem delu bo več govora o pooblaščenih ocenjevalcih vrednosti. Na tem mestu slovenska zakonodaja ni tako enotna kot pri stečajnih upraviteljih, saj poznamo dve vrsti ocenjevalcev vrednosti, kar bo v nadaljevanju predstavljeno posebej. Tudi v zvezi s pooblaščenimi ocenjevalci vrednosti bo govora o njihovem delu in vlogi v postopku prisile poravnave ter stečajnem postopku. This masters’ dissertation will present the work of bankruptcy administrator and certified evaluator especially during the course of insolvency proceedings. When discussing bankruptcy administrators, their role, although exceptionally demanding and extensive is very clearly defined in Financial operations, insolvency proceedings, and compulsory dissolution act (ZFPPIPP). The function of bankruptcy administrator is of key import to the successful conclusion of insolvency proceeding. The story differs somewhat when it comes to the certified evaluators since there are two acts of legislature regulating the field, namely the Courts Act and the Auditing Act. The certified evaluators also play an important role in the insolvency proceedings because thy poses expert knowledge and know-how, which is of key import to the successful conclusion of the proceedings. In the first part of this masters’ dissertation we will firstly touch upon an explanation of a few key words for a better understanding of the following material which is the subject of discussion. A more thorough analysis will be made on the work and role of the bankruptcy administrators, separately in the course of bankruptcy proceedings and in a confirmed settlement proceeding. There will also be discussion on the adequacy and quality of work done by bankruptcy administrators. The second part of this master’s dissertation will however focus more on the role of certified evaluators. Slovenian legislation is not particularly unified in this field for it recognizes two kinds of certified evaluators, as will be discussed herein. There will be a discussion regarding the certified value evaluators, their work and role the course of bankruptcy proceedings and in a confirmed settlement proceedings.

At the request of the Colombian authorities, the bank resolution regime was assessed against the Key Attributes of Effective Resolution Regimes for Financial Institutions (KAs). The assessment was conducted by staff of the Financial Stability Board (FSB), International Monetary Fund (IMF) and World Bank utilizing the draft KA Assessment Methodology (AM). The assessment reviewed the resolution regime as of October 2015, and was limited to the banking sector, considering only those elements of the AM that directly relate to bank resolution without assessing those addressing the resolution of insurance firms, investment firms and financial market infrastructures (FMIs). As a draft methodology was used, the findings of the assessment should be viewed as preliminary. A central goal of this assessment was to test the draft AM, and a future revision of the AM might yield different results with respect to the adherence of the Colombian bank resolution regime to the KAs. In this light, no ratings were assigned in this review. This assessment was the first one undertaken in a country that is not a member of the FSB, or home to a Global Systemically Important Financial Institution (G-SIFI).

In this topic are discussed certain provisions of Directive no. 80/987/CEE amended by Directive 2002/74/EC on the protection of outstanding claims for the opening of employer insolvencylaw and to ensure no. 85/2006 outstanding claims under the Act no. 200/2006. It was argued that, in line with the Community Directive, the protection of outstanding claims will take place once theapplication for opening insolvency proceedings finding employer collective aspect emphasized in the practice community court. Also showed that wage arrears in the category of resources that are supports of the Guarantee Fund under the Law no. 200/2006, no references are made on payments due for unfair dismissal as provided in the Community directive which in fact, the law impose such a provision.

The subject of this thesis is the institute of assets, one of the fundamental legal institutes of insolvency proceedings, which plays an absolutely crucial role in the process of solving the debtor's bankruptcy and the satisfaction of the debtor's creditors. The purpose of this thesis is not to cover the legal institute of assets in all its breadth, but to try to present the legislation on assets and important legal institutes related to it in the Insolvency Act in context of insolvency proceedings. Furthermore, this thesis works with the conclusions of the judicial practice of insolvency courts, presents thoughts on the current state of the Insolvency Act and defines certain areas, in which amendments to the Insolvency Act should occur in the future. This work is divided into nine chapters with regard to the legal provisions of the Insolvency Act governing the institute of assets. After a brief introduction the first chapter deals with the historical development of insolvency law, the Insolvency Act and the definition of assets. The second and third chapters are focused on the extent and content of the debtor's assets in insolvency proceedings, including related institutes of invalidity and ineffectiveness of legal actions. The fourth chapter defines the process of identifying assets and the rights...

Autorka se ve svém článku zaměřuje na praktické aspekty uplatnění a přiznání náhrady škody poškozeným v rámci adhezního řízení a následné vymáhání práv a nároků poškozeného (věřitele) vůči odsouzenému (dlužníkovi), který se nachází v úpadku. Problematiku popisuje na vzorovém případu insolvenčního řízení formou oddlužení a možnosti uplatnění nároku na náhradu škody v trestním řízení s ohledem na paralelně probíhající řízení insolvenční. The author in his contribution focused on practical aspects of the application and granting of compensations to victims under the control of adhesion and subsequent enforcement of rights and entitlements of injured party (the lender) against the convicted person (debtor), which is in bankruptcy. Explains it in a standard case of insolvency proceedings in the form of debt relief and the possibility of claiming damages in criminal proceedings with regard to parallel insolvency proceedings.

The topic of my thesis is the study of creditor status during insolvency proceedings. My objective is to provide a description of the current legal regulations of creditors and their receivables in insolvency proceedings with a focus on specific problems that may arise during the process of the collection of receivables during insolvency proceedings. I also refer to various principal court decisions dealing with these issues. The aim of this thesis is not to present a comprehensive description of all creditor related issues, but to provide a general summary of the relevant processes and to present the most common practical problems and their solutions.

The goal of this thesis is to explain the conception of the insolvency petition and to solve issues arising from the misuse of the insolvency petition including the motivation to file such an unlawful claim. Under the Czech law, the Insolvency petition is an important part of the insolvency proceedings that are initiated at the moment when an insolvency court receives the insolvency petition. Particular legal requirements of the insolvency petition, which would be able to initiate demanded consequences, were analysed step by step in this thesis too. Differences between the situations when the insolvency proceedings were initiated by the creditor or by the debtor were also specified. Significant part of this thesis deals with matters relating to the misuse of the insolvency petition. The overview of the principle of misuse of law in civil law was given at the beginning of this part. One of the objects of the chapter was also to determine the motivation to submit an unlawful insolvency petition as well as the characteristics of this illegal claim. Subsequently, the possibilities of defense against the unlawful insolvency petition were stated. Some of these defence mechanisms are explicitly mentioned in the Act No. 182/2006 Coll., on Insolvency and methods of its Resolution (Insolvency Act), the rest...

Los cambios legislativos acaecidos en relación con el régimen jurídico del administrador concursal justifican el estudio de los deberes generales de diligencia y lealtad en el ámbito concursal. En concreto es necesario analizar como los cambios producidos en la estructura del órgano afectan al modo en el cual se debe exigir el cumplimiento de dichos deberes. Asimismo conviene reflexionar sobre el concepto de interés concursal y cómo el mismo viene a determinar el alcance del deber de lealtad. The legislative changes that have taken place regarding the insolvency administrator’s legal regulations justify the study of the care and loyalty general duties in the insolvency law field. In particular, it is necessary to analyze how the changes concerning the body structure affect the way in which it must be observed the compliance with said duties. Likewise the insolvency proceeding interest concept needs to be considered as well as how said concept determines the duty of loyalty scope.

Insolvency proceeding and liquidation of bankrupt companies are important topics in days of economic slowdown which affected all economies after financial crisis. This paper aims to find main differences between insolvency proceedings in the countries of Visegrad four. The main goal is to describe insolvency law in member countries and then to compare it from the poin of view of main actors. This comparison can help to find which changes and ideas could be applied to improve and make more effective the Czech insolvency system. The countries of Visegrad four was selected because of their common history and similar economic development. First of all, the legal background of insolvency proceedings which is possible for legal entities in these countries is examined. Then this paper deals with insolvency proceedings from the point of view of their participants - creditors, debtors and insolvency administrator. We have found that insolvency proceedings in these countries are very similar but there is still some inspiration for the Czech insolvency system.

Under Article 16 and 17 of the Council Regulation (EC) No 1346/2000, on Insolvency Proceedings, insolvency proceedings opened in territory of one Member State of the EU have universal effects within all other Member States. Pursuant to Article 4 of the Insolvency Regulation, law governing the proceedings shall be the law of the state in which the proceedings are opened. However, the Insolvency Regulation states few exemptions from this general rule. In compliance with Article 15 of the Insolvency Regulation, effects of the insolvency proceedings on a lawsuit pending in other member state are governed by the law of the state in which the lawsuit is pending. This conflict-of-law rule covers also pending arbitration. The equality of unsecured creditors of the debtor shall prevail over a reliance on any arbitration clause. The article deals with another side of the matter- application of the Insolvency Regulation before arbitral tribunals, especially with regard to recognition of the foreign insolvency proceedings before arbitral tribunals and consequences of its prospective non-recognition on the arbitral award.

The aim of this thesis is to describe and bring the issue of the position of spouses in insolvency proceedings to the reader. In last few years this issue has become more and more relevant and brought a lot of questions and problems to case law but also to the legislation that deals with it. The thesis is divided into three chapters. Chapter One introduces the basic terminology used in the thesis to the reader in order to help him or her understand issues presented later. The definitions of following concepts may be found in this chapter: insolvency proceedings, insolvency and its solution modes, marriage, common property of spouses and the estate in insolvency proceedings. Chapter Two deals with the discharge of the debts of spouses which represents the new legal institute adopted by Act No. 294/2013 Coll., which changes the Act No. 186/2006 Coll., on insolvency and its solution modes (Insolvency Act) and Act No. 312/2006 Coll., on insolvency administrators (hereinafter referred to as "revising amendment"). The first subchapter briefly illustrates the previous legislation so the reader can compare the differences and note the changes brought by the revising amendment. The following subchapters describe the whole process of discharge of the debts step by step concentrating on the specifics of...

Monografie poskytuje stručný přehled problematiky evropského insolvenčního práva.V monografii je analyzována právní úprava obsažená v nařízení č. 848/2015, o insolvenčních řízeních. Monograph provides a brief overview of the European insolvency law. It analyses legal regulation contained in regulation no. 848/2015, on insolvency proceedings.

The international insolvency law is based on two main principles – the principle of universality and the principle of territoriality. Under the principle of territoriality, the insolvency proceedings shall be limited to the assets located in the state in which the proceedings were opened. In light of the principle of universality, there is one single insolvency proceeding which shall affect all assets of the debtor and shall be governed by one national law. The universalism ensures efficiency and economy of the insolvency proceedings. On the other hand, due to widely differing national insolvency laws the application of universality without exception may cause difficulties. Therefore, European insolvency law is based on the modified universality which is a compromise between these two main principles. The article aims to outline the theoretical basis of these principles and analyze their concrete manifestations within cross-border insolvency proceedings.

The topic of this thesis is the quality of insolvency law in the market economy of the Czech Republic. The aim of the thesis is outlining the course of the insolvency proceedings and introducing basic ways of resolving bankruptcy of a debtor, which means declaring bankruptcy, the discharge of the debt and reorganization. The work focuses in more detail on problems of the discharge of the debt. The main aim of this work is calculating an average amount of satisfaction of unsecured creditors in case of resolving bankruptcy by declaring bankruptcy, reorganization, or the discharge of the debt on the ground of data from the insolvency register which is accessible to the public. There were used samples of proceedings at the Regional court in České Budějovice (hereinafter referred to as "the Regional court in ČB"). The data were subsequently compared with an amount of satisfaction according to statistics. The representative sample consists of the finished insolvency proceedings in the first trimester of years 2011 2015 at the Regional court in ČB.

This thesis focuses primarily on the field of European cross-border insolvency law, currently represented by the EU Regulation on Insolvency Proceedings (EC No 1346/2000). The EU Regulation considered theoretical conflict between advocates of universalism and territorialism, and is generally regarded as reflecting it in a way of modification, which is represented by distinction between main and ancillary insolvency proceedings. Determination of international jurisdiction in the main insolvency proceedings is inherently linked with the criteria of the centre of main interests (COMI), which serves as a specific connecting factor to constitute both the court with jurisdiction and applicable law, for the purpose of the whole insolvency process in accordance with the principle lex fori concursus. The COMI concept is the root of the jurisdiction trouble, thus this thesis aims at providing substantial information on the concept, since the EU Regulation neglects its proper introduction. One of many issues related to COMI conception is a phenomenon of forum shopping, term used to describe situations when debtors manipulate with facts relevant for establishing jurisdiction, in order to obtain more favourable position, usually at creditors' expense. The thesis also deals with another important initiative in...

International supply chains require the coordination of numerous activities across multiple countries and firms. This paper develops a theoretical model of supply chains in which the measure of tasks completed within a firm is determined by parameters that define transaction costs and the cost of coordinating more activities within the firm. The structural parameters that govern these costs explain variation in supply chain length as well as cross-country variation in gross-output-to-value-added ratios. The structural parameters are linked to comparative advantage along and across supply chains. The paper provides an analytical treatment of trade and welfare responses to trade cost change in a simple two-country model. To explore the models implications in a richer setting, the model is calibrated to match key observables in East Asia, and the calibrated model is used to evaluate implications of changes in model parameters for trade, welfare, the length of supply chains, and countries relative position within them.

The aim of this thesis is to analyze the process of reorganization under the US laws and accounting standards. The first chapter contains legislation, description of the parties and their role during the insolvency proceedings. It covers the role of the debtor, creditors, creditors' committee, insolvency trustee and insolvency court throughout the insolvency proceedings. The second part focuses on accounting under US GAAP based primarily on the ASC 852, which describes in detail the cases and items that are treated differently during the reorganization. The third part includes legal and accounting analysis of the American paper company NewPage Holdings Inc., which successfully emerged from bancruptcy in 2012.

The topic of this thesis is bankruptcy as a form of insolvency solution with a practical example of company Z plus M TRADING Ltd. The goal of the thesis is to describe the gist of bankruptcy proceedings and describe the changes in Czech insolvency law that took place with the introduction of the new Civil Code effective from 1 January 2014. The thesis is divided into six chapters. It provides information on history of insolvency, bankruptcy proceedings or provides statistics on insolvency proceedings. The gathered information is then applied to a specific example of a company in bankruptcy.

This thesis deals with insolvency crimes. The aim of this thesis is to evaluate the adequacy of the legal provisions of the Criminal Code. Examined criterion is to confirm or refute the hypothesis that the criminal law should be used as a tool to sanction very serious crimes. The work is divided into four chapters. The first chapter describes the basic concepts of substantive criminal law. The second chapter focuses on the interpretation of terms related to insolvency crimes. The third chapter deals with individual bankruptcy crimes. The fourth chapter deals with bankruptcy crime committed on the territory of the Czech Republic, the end of the chapter is devoted to the evaluation of the adequacy of the legislation.

Dissertação de mestrado em Direito Judiciário, Com a presente dissertação pretende analisar-se a tutela do promitente-comprador. O contrato-promessa suscita questões várias com amplitude e repercussão diversas, todas de assinalável relevo. A doutrina tem debatido o tema de forma acentuada, a jurisprudência, por sua vez, tem sido chamada a intervir frequentemente. Abordaremos ambas, embora se conceda particular realce às decisões dos nossos tribunais, em razão do sentido prático que aspiramos conferir a este trabalho. Perscrutando as vicissitudes que podem suceder ao contrato promessa visamos apurar o espaço de intervenção desenhado para o promitente-comprador no regime civilista, em geral, e no regime insolvencial, em particular. Referimo-nos, em concreto, à inobservância dos requisitos formais exigidos para a celebração do contrato, passando pelo inadimplemento na execução do mesmo (imputável à contraparte). Sem olvidar, o recente Acórdão Uniformizador de Jurisprudência de 20 de Março de 2014 e a problemática existente em torno da regulamentação do direito de retenção do beneficiário de promessa de transmissão ou constituição de direito real que obteve a tradição da coisa a que se refere o contrato prometido pelo crédito resultante do não cumprimento imputável à contraparte nos termos do art.442.º do CC. Como teremos oportunidade de demonstrar, a atribuição do direito de retenção, art. 755.º, n.º1, al. f) do CC, atenta a regulamentação própria deste (ou seja, a prevalência sobre a hipoteca mesmo anteriormente registada, art.759.º do CC) tem granjeado verrinosas da generalidade da doutrina. A investigação aponta no sentido de fundamentar a solução legal, nos moldes em que se encontra definida, seja por leitura focada aos fundamentos aduzidos no AUJ citado, seja por visão abrangente do sistema global. Assim, propomo-nos a centrar a razão de ser do direito de retenção do promitentecomprador que obteve a traditio da coisa no contrato-promessa sinalizado, estendendo a sua operacionalidade para o domínio insolvencial, em prol de unidade legislativa e justiça material., This research intends to examine the authority of the promissory buyer. The promissory contract raises several questions with different amplitude and impact, all of notable relief. The doctrine has debated the subject sharply, jurisprudence, in turn, has been asked to intervene frequently. We will cover both, although be given particular emphasis to the decisions of our courts, because of the practical sense we aspire to give to this work. Peering into the events that can befall, we aim to determine the preliminary contract intervention space designed for the promissory buyer in the civil law system in general and in the insolvencial regime in particular. We refer, in particular, to the failure to comply with formal requirements for the conclusion of the contract, through the breach in its implementation (attributable to the counterparty). Without forgetting the recent Jurisprudence Standardizing Judgment of 20 March 2014 and the existing problems on the regulation of the lien of the transmission promise beneficiary or constitution of right which got the tradition of the thing referred to the contract promised by the credit resulting from non-compliance attributable to the counterparty under the art.442.º CC. As we shall demonstrate, the assignment of the lien, art. 755.º, paragraph 1) of the CC, alerts to his own regulation (ie, the prevalence on the mortgage even previously registered, art. 759.º CC) has garnered harsh reviews in the generality of the doctrine. The research points towards substantiating the legal solution, in the way it is set, either by reading focused to submissions made in the AUJ, either comprehensive view of the overall system. Thus, we propose to focus the purpose of the promissory buyer's lien that got traditio in the signaled promissory contract, extending its operation to insolvencial domain, towards legislative and material justice unit.

Discharge - as one of modes of resolving insolvency Abstract Discharge from debts is one of modes of resolving insolvency according to Czech Insolvency Act (Act N.182 / 2006 Coll.). Discharge is ranked among so-called rehabilitation modes of resolving insolvency, whose purpose is not only the highest possible satisfaction of creditors, but also the protection of a debtor against unfavorable consequences of the insolvency proceedings. Discharge can be used to resolve insolvency of non-entrepreneurs and small businessmen. The purpose of this thesis is to comprehensively characterize discharge from debts as one of rehabilitation modes of resolving insolvency, describe all phases of the discharge procedure and focus on some specific problems of this institute. The thesis is composed of six chapters. Chapter One focuses on general characteristics of the rehabilitation modes of resolving insolvency. At the very beginning there is a definition of bankruptcy and a basic description of rehabilitation modes, followed by brief historical overview of Czech insolvency law. Last part of this chapter deals with rehabilitation modes in Insolvency Act and brief description of reorganization and discharge with emphasis on its personal applicability. Chapter Two concerns with a commencement of insolvency proceedings. It...

Je-li popřenou pohledávkou pohledávka směnečná, požadují soudy od věřitele v následných incidenčních sporech vysvětlení kauzy směnky a okolností souvisejících s vyplněním směnky. Tento postup soudů nelze považovat důvodný. If the denied claim happens to be a bills of exchange, the courts requires the lender in subsequent incidental disputes an explanation of the case notes and circumstances relating to the bill of exchange. This approach of courts can not be justified.

Posouzení důvodnosti uplatnění přihlašovaných pohledávek má specifický režim vlastní jen insolvenčnímu řízení, v jehož rámci namísto nalézacího řízení probíhá přezkum těchto pohledávek. Assessment on merits of claim has its own specific mode in insolvency proceedings, in which the proceedings.

U okviru insolvencijskih postupaka tj. postupaka kada dužnik nije trajnije sposoban na ispunjenje svih svojih dospjelih novčanih obveza, svaka od kategorije vjerovnika (privilegirani ili neprivilegirani), koji se u njemu mogu pojaviti, imaju identičan interes: zaštitu prava na ostvarenje svojih tražbina. Međutim, u okviru tog interesa, svaka od ovih kategorija ima različit zakonom utvrđen način njegovoga ostvarenja te položaj s kojeg djeluje. Cilj je rada analizirati poglavito pravni položaj jamca u već pokrenutom insolvencijskom postupku nad korporacijama (predstečajna nagodba i stečaj). Kompleksnost predmeta istraživanja i postavljeni zadaci uvjetovali su izbor metoda pa je u istraživanju korišten metodološki pristup koji obuhvaća proučavanje ne samo doktrinarnih izvora već i analizu odgovarajućih zakonskih propisa. U radu ćemo se ukratko osvrnuti na Uredbu Vijeća (EZ) br.1346/2000., kao i na praksa Europskog suda za ljudska prava (ECHR) u postupcima prema čl. 1. Protokola br. 1 uz Europsku konvenciju za zaštitu ljudskih prava i temeljnih sloboda (tzv. Povreda prava na mirno uživanje imovine) jer polazimo od pretpostavke da saznanja o ovome mogu biti ključna za razumijevanje problematike rada., Within insolvency procedures ie. the procedures when the debtor is not able to fulfi ll all of its fi nancial obligations on long basis, each of the categories of creditors (privileged or unprivileged), that it may appear in procedure, have the same interest: the protection of the right to the realization of their claims. However, in the context of this interest, each of these categories has a diff erent statutory way of his achievements and the position from which it operates. The aim of this paper is to analyze the particular legal position of guarantor in open insolvency proceedings (Pre-Bankruptcy Settlement and Bankruptcy). The complexity of the research topic dictated the choice of method in the study so the authors used approach which encompasses the study of not only doctrinal sources, but also the analysis of the relevant legal provisions. The paper will also address the European Court of Human Rights (ECHR) in proceedings under Art. 1 of Protocol no. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (the so-called - Violation of the right to peaceful enjoyment of possessions) because we assume that the information on this can be useful.

Cílem této úvahy je představit argumentaci, z níž vyplyne, že i při důsledném dodržování procesních pravidel určujících průběh insolvenčního řízení lze respektovat specifika směnečné pohledávky. The purpose of this consideration is the present argument, which suggests that even with strict adherence to procedural rules that determine the course of the insolvency proceedings, it is possible to respect the specificities of the bill of exchange.