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This thesis deals with the insolvency of a controlled person and its legal consequences for a corporate group under the Companies Act and the Insolvency Act. The aim of this thesis is to outline the consequences of the insolvency of a controlled person under the Companies Act for the controlling person of the corporate group and to analyse the special regime of the Insolvency Act affecting the other members of the corporate group in the insolvency proceedings of the controlled person. It begins by discussing the concepts that are central to this thesis, particularly with regard to their conceptual background. The subsequent chapter examines the consequences of the insolvency of a controlled person for the controlling person under the Companies Act. Particular attention is paid to the consequences of the insolvency of a controlled person caused by the conduct of the controlling person under the business groups regime and the action to supplement liabilities. The thesis in this part evaluates the business groups regulation and deals with the cases in which a duty may be imposed on the controlling person under an action to supplement liabilities. The thesis also discusses the provisions of the Insolvency Act that contain special rules for members of the same corporate group as the debtor. In this...

The bachelor thesis deals with debt relief for non-business individuals. The indebtedness of Czech households is high and growing. If a debtor does not have the means to repay his or her outstanding liabilities, he or she can easily fall into a debt trap. For many of them, the only way out is debt relief, which is one of the options for resolving bankruptcy. For debtors, insolvency represents the chance of a new life without debt if they successfully go through the insolvency process. The bachelor thesis describes the issue of household debt, compares the development of the legal regulation of the insolvency law, explains the basic concepts of insolvency proceedings and describes the process of the insolvency process itself. The practical part focuses on the development of the number (and success rate) of personal bankruptcies, evaluation of the data obtained and testing of hypotheses. The aim of the work is to compare the development of the legal regulation of debt settlement, describe its course and evaluate the use of this insolvency instrument by consumers on the basis of data obtained directly from the insolvency register.

The aim of this bachelor thesis is to deal with creditor status in insolvency proceeding in the Czech Republic. The focus is set on ways of satisfying creditors across all forms of the procedures within the insolvency proceedings and opportunities to defend their interests. This thesis describes participation in activities as a subject of creditors authorities with considering the so-called common creditors interest. Furthermore, in the theoretical part is described creation of tax allowance to receivables and write-off receivables and demonstrated their tax importance. The work also considers impact of COVID-19 pandemic on the process of insolvency proceedings and acceptance of new legislation. The practical part analyses data taken from the insolvency register and compares the level of creditors satisfaction according to the method of bankruptcy resolution. In addition, there is pointed out satisfaction order of receivables with consideration of receivable type or usage of collateral instruments.

1 Debtor-in-possession financing Abstract The topic of this thesis is debtor-in-possession financing. Debtor-in-possession financing, albeit not being a topic of a vast interest in the Czech insolvency theory, has rightful place in the insolvency law. By acquiring new financial proceedings, resources, energies or other benefit, debtor earns a chance to preserve or restore the operation of its business, while bringing a possibility of higher satisfaction of the creditors' claims mainly because new financial proceedings may help the debtor to generate new earnings that can be used to satisfy creditors' claims. The aim of the thesis was to evaluate contemporary legal framework of the debtor-in- possession financing, its doctrinal interpretations, court practice and recent topics that has occured in the global context. The thesis brings a de lege ferenda refelctions based on critical analysis of abovementioned sources. The thesis comprises of the introduction, eight chapters divided into subchapters and conclusion. The first chapters brings theoretical basis of the thesis by distinguishing the terms insolvency, loan and debtor-in-possession financing. The second chapter contains the description of the purpose of the insolvency law, its principles and in particular cases it explains the relation between such...

This bachelor's thesis is concerned with Pasokification, a concurrent decline of traditional centre-left parties in Europe and rise of alternative parties after the Great Recession of 2008. The theoretic part of the thesis analyses the status of these parties prior to their decline, their politics, way of governing, evolution and reforms which the parties embraced prior to their decline. The practical part analyses the decline itself, and how its tied to parties' politics and decisions prior to it. It also analyses the new, alternative parties, which have begun to occupy the space previously dominated by moderate, traditional parties. By comparison between the parties that successfully staved off Pasokification, and parties that declined into political irrelevance, and by comparison between the traditional and alternative parties, this thesis pinpoints the reasons for the decline. By analysing the electoral successes of the traditional and alternative parties, the thesis resolves the relationship between the two, discovering whether the rise of alternative parties is the reason for the decline, or a result of it. The same hypotheses are used for the 6 analysed states, and as such the thesis analyses whether the hypotheses are applicable to the wide trend of the European left.

International Insolvency Law An expansion of globalization caused a raise of amount of cross-border insolvencies. Consequently, an importance of the internatinal insolvency law, a sector of private international law, raised significantly. Owing to the breadth of the topic, the author had no ambition to provide a complex analysis of the international insolvency law. Besides the general introduction to the international insolvency law, this thesis deals with a chosen issues of the international insolvency law, especially with those related to COMI (Centre of Main Interests), the connecting factor in the Regulation No. 2015/848 of the European Parliament and the Council (EU) on Insolvency Proceedings ("Insolvency Regulation"), but also one of the means used in the UNCITRAL Model Law on Cross-Border Insolvency. Owing the possible length of this thesis, the author concentrates on COMI regarding the area of the European insolvency law. Firstly, this thesis provides an analysis of theoretical approaches related to the international insolvency law, describing their advantages and disadvantages and the possibility of their application in a current world. After that, this thesis deals with the currently applicable regulation in EU - to the Insolvency Regulation - specifically with its historical development,...

This diploma thesis deals with ways to solve the bankruptcy of travel agencies. The aim of the work is the analysis of selected ways of solving bankruptcy in insolvency proceedings and their impact in application practice. The work is divided into two parts, theoretical, which explains travel agencies looking at business, either as a individual person or a legal entity. It also explains the bankruptcy and the various ways in which it can be dealt with in the case of a natural or legal person. The second part contains a practical part, which analyses the number of active travel agencies in the Czech Republic, the number of travel agencies in bankruptcy and analyses in detail two cases of travel agencies that has declared bankruptcy and whose insolvency proceedings have already been terminated. The practical part includes proposals de lege ferenda.

The topic of this thesis is ineffectiveness of legal acts within the insolvency proceedings. This legal concept forms an integral part of modern insolvency law, since it can be considered an essential and the most frequently used instrument, on the grounds of which the insolvency trustee is able to challenge the insolvent debtor's fraudulent acts that are detrimental to their creditors, who are exercising their rights within the insolvency proceedings. Otherwise stated, this legal concept is crucial for the purposes of protection of the debtor's creditors within the insolvency proceedings. The aim of this thesis is to provide a comprehensive analysis of the effective legal framework of ineffectiveness of legal acts within the insolvency proceedings, as well as of current doctrinal opinions, specialised publications and relevant decision-making practice of courts. The thesis is not limited to a mere adoption of the aforementioned sources, as at many parts of the thesis these are being disputed, criticised or confronted with the author's own conclusions. Where appropriate, the thesis identifies shortcomings of the effective legal framework and presents the author's de lege ferenda considerations related to such. The thesis is comprised of introduction, eight chapters that are systematically...

Liability of the Statutory Body for a Late Opening of Insolvency Proceedings Abstract This thesis deals with the issue of liability of a member of a statutory body for a late filed insolvency petition and other legal consequences associated with a breach of obligations incurred by a member of a statutory body due to the bankruptcy situation of a business corporation. The aim of this work is to analyze the various legal instruments by which the creditors or insolvency administrator of a failing business corporation can claim property compensation against a member of its statutory body who submitted a late insolvency petition or otherwise contributed to its bankruptcy. The text of the thesis is divided into three parts. In the first, I analyze the basic concepts that are key to the topic discussed. Attention is paid to the statutory body. I follow up with a analysis on the bankruptcy of a business corporation, as the obligation to open the insolvency proceedings is prosecuted only if the business corporation is in a state of bankruptcy. Its correct identification is thus crucial for the issue of liability for breach of this obligation. Finally, the last chapter is devoted to the insolvency petition, which is also important from the point of view of the liability of a member of the stautarian body for his late...

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...

The aim of the diploma thesis is directed at the process of insolvency proceedings, in which the businessman acts as a debtor, or the so-called subject of insolvency proceedings. The theoretical part deals with the basic concepts, subjects of procedural proceedings and the insolvency process itself. It discusses ways of resolving the debtor's bankruptcy and does not omit significant recent changes in the insolvency law, nor historical developments in the field of insolvency. In the practical part, the insolvency register is a supporting source in data collection. For the purposes of the diploma thesis, we work with real subjects, ie. insolvent debtors. In the analysis of individual cases, the greatest emphasis is placed on the debt relief amendment No. 31/2019 Coll. IZ. The aim of the thesis is to analysis insolvency proceedings from the point of view of entry conditions of businessman in debt relief before and after a significant change in the Insolvency Act in 2019, evaluate the impact on businessman and find out whether the amendment generally contributed to streamlining insolvency proceedings.

Reorganization as an insolvency method in the Czech law with focus on a prepacked reorganization Abstract This thesis deals with one of the insolvency methods in the Czech Republic, a reorganization. Proper definition of a bankruptcy is the crucial and initiatory point of Czech insolvency proceedings. Bankruptcy is defined not only by the introductory provisions of the Insolvency Act, but also by the conclusions of Czech higher courts which are analysed in this thesis. In case that debtor's economic situation overreaches an imaginary bound of bankruptcy the author of this thesis proposes to solve this situation by way of reorganization as a suitable insolvency method. However, not all debtors are eligible to be subject of reorganization. The debtor must be an entrepreneur with an annual net turnover for the last financial year prior to filing for insolvency in the amount of at least CZK 50,000,000 or must have at least 50 employees. The debtor who does not fulfil these criteria may be subject to reorganization at all. The Insolvency Act offers a solution by mean of the prepacked reorganization approved by at least half of all debtor's secured and unsecured creditors. As the title of this thesis suggests, it covers the main attributes of the prepacked form of reorganization, which provides the debtor with a...

A debtor's discharge can be solved within insolvency by a few forms, where this thesis aims attention to a discharge. The issue is a relatively new institute, which has been incorporated to our system of law by Act No. 182/2006 Coll., the insolvency act. The key theme of this thesis is a complex view of a way to solve an individual's bankruptcy by a discharge, without a focus on businessman or discharge of spouses. We count insolvency among private law for its same principals, however in some cases it is quite different and in its own way unique. Czech legal system knows two types of discharge, a discharge by a realization of an insolvency estate and a discharge by fulfilling a payment schedule with a realization of an insolvency estate. Due to the law, we differ two phases of insolvency. The first one is mutual for all the forms of resolving bankruptcy and includes especially initiation of the process, which can be done only by submitting a proposal (of either a debtor or a creditor), also ruling about bankruptcy and insolvency proposal as itself, and finally submission of applications of creditors' claims, while the second one adjusts forms of resolving bankruptcy. Within a discharge we talk mainly about passing of discharge, performing individual types of discharge, possibly dissolution of...

The article presents the concept of evil, as developed in the literary as well as philosophical works of Albert Camus. After a short, preliminary notice on the relationship between literature and evil, the article presents two spheres, in which the problem of evil was grasped by the author of The Rebel. In the main part of the article, the complexity of the problem of evil, as represented by Jean-Baptiste Clamence from The Fall is shown. It is seen as a development of the concept of evil from The Plague, with the potency to disseminate onto others. It is also perceived, as something resulting from severe trauma of the main character. In conclusion, I claim, that the problem of evil, as experienced by Clamence may be understood as a still relevant metaphor of contemporary culture, struggling with passivity against the rise of social evil. Artykuł przedstawia koncepcję zła, rozwiniętą zarówno w dziełach literackich, jak i filozoficznych Alberta Camusa. Po wstępnym omówieniu o związku między literaturą a złem, w artykule przedstawiam dwie sfery, w których problem zła został uchwycony przez autora Człowieka zbuntowanego. W głównej części artykułu ukazana zostaje złożoność problemu zła, którą reprezentuje postać Jean-Baptiste Clamence’a z Upadku. Zło jest postrzegane w kontekście refleksji zawartych w Dżumie, szczególnie w związku z jego możliwością rozprzestrzeniania się, infekowania innych. Ale jest również analizowane jako coś wynikającego z ciężkiej, wojennej traumy głównego bohatera. W podsumowaniu argumentuję, że problem zła, którego doświadcza Clamence, może być rozpatrywany jako wciąż aktualna metafora współczesnej kultury, zmagającej się z biernością wobec zła społecznego.

The bachelor thesis is focused on the institute of debts relief, which is one of the possible way used for solving econo-mic failure of self-employed persons. This method of sanitation of self-employed persons is permitted from 1. 1. 2014 by law. Text reflects the changes following the amendment of the Insolvency Act from 1. 6. 2019 (Act 31/2019 Coll.). Work analyses the trend of insolvency proposals (according to the regions and individual economic activities of CZ-NACE), satisfaction of creditors, accomplished and cancelled debt relief. Thesis examines the influence of self-employed persons on the Czech economy. It identifies the importance and need of these persons for the efficiency of the country and their return to healthy economic life. Bachelor thesis also shows detailed algorithm for calculation of repayments in discharge of debts.

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...

This diploma thesis deals with a comprehensive assessment of the amendment No. 31/2019 Coll. to the Insolvency Act. in relation to the previous legislation. The reason for processing this topic was the topicality of debt discharge in relation to individuals in a debt trap and the absence of an effective legal solution to their financial situation. In the introductory chapter, the thesis is devoted to the description of insolvency proceedings and defines the essentials of debt discharge. In the next chapter, the author deals with the main reasons for the adopting and the main aims of the amendment, as well as assessment of the suitability and applicability of the amended provisions of the Insolvency Act. The author deals in particular with the amended provisions of the Insolvency Act, which change the overall concept of debt discharge of individuals. At the same time, the author reflects on the application and interpretation problems associated with individual provisions and proposes their solution. Finally, the author discusses the legal, economic and social impacts of the amendment and assesses whether the objectives of the amendment have been met.

The theme of this thesis is the legal status of creditors in insolvency proceedings.The following thesis is divided into theoretical and practical part. The first chapter defines its objectives and methodical approach, the second one deals with the regulation of insolvency law, the third with creditors and the fourth chapter focuses on bankruptcy and its resolutions. The fifth chapter presents a case study which forms the practical part of the diploma thesis. Within this practical part, attention is paid to the case study of a company that found itself in bankruptcy and insolvency proceedings. Emphasis is put on creditors and their legal status and competencies.

Insolvency law is a dynamic discipline which is gaining awareness of many people. The main purpose of insolvency law is to resolve the insolvency or imminent bankruptcy of a debtor using one of the methods under the insolvency act, in order to resolve property relations to persons affected by the debtor's bankruptcy. In addition to bankruptcy order and restructuring one of the methods of resolving debtor's insolvency is debt discharge. The subject of this rigorous thesis is the instrument of debt discharge, with particular focus on the last amendment of the insolvency act, which substantially changed the debt discharge proceedings. The aim of this thesis is to provide a comprehensive overview of debt discharge, the course of insolvency proceedings and its successful end describing all of its consequences. The thesis also summarizes on the most important changes made by last amendment of the Insolvency Act and draws attention to problems, which can occur in practice when interpreting of some of the new provisions. The first chapter includes brief summary of insolvency proceeding and historical development of the insolvency law. It further contains analysis of fundamental sources of insolvency law and definition of the concept of bankruptcy and debt discharge which are crucial for this thesis. The...

Legal consequences of damage caused to the controlled affiliate by corporate group management Abstract This thesis deals with legal consequences of damage caused to the controlled affiliate as a result of the corporate group management in Czech law. The introduction sets out the general legal and theoretical framework of the thesis, namely the basic theoretical concepts of the corporate law, the principles of separate legal personality and limited liability, and the structure of the law on the corporate groups. It is divided into two main chapters. The first chapter analyzes the consequences of damage caused to the controlled affiliate in the economically functional corporate groups. It firstly analyzes the aspects of group management, different forms of damage and principles of group damage compensation according to sec. 71 et seq. of the Act no. 90/2012 coll., on Commercial Companies and Cooperatives. It further provides an explanation of the provisions on the protection of creditors and minority shareholders of the controlled affiliate, namely the liability of the parent company towards the creditors of the affiliate for the payment of debts, liability of the parent company to compensate any damage arising to the members of the affiliate in connection with its influence and the right of the minority...

The aim of this thesis is to analyse the role of an insolvency administrator in insolvency proceedings. It's main goal being to describe the legal aspects influencing his work and how these are implemented in practice. The theoretical aspect of this work investigates the history of insolvency proceedings and how they apply to the present day. In this section, we describe the rights and obligations of an insolvency practitioner. We look at how to become an insolvency administrator, including the obligations a practitioner must adhere to, in particular the legal requirements that apply. The practical part of the thesis demonstrates how the legislation is applied by example. The aim being to compare how theoretical knowledge is used in practice. In these cases the working procedures have been compared to real events. There is a subsequent evaluation of each case with each insolvency administrator's performance being ranked according to scale. In the conclusion there is a summary of the results and a proposal of how to ensure insolvency proceedings and the work of an insolvency practitioner can be made more efficient.

The Bankruptcy Detection in Insolvency Proceedings in the Czech Republic Abstract This rigorosum thesis presents a detailed interpretation of the term "bankruptcy" and its detection in insolvency proceedings in the Czech Republic. Detection of bankruptcy is considered to be the initial phase in the insolvency proceeding and is, in fact, identical for all insolvency proceedings. Despite common lack of attention, it is indeed a crucial stage since without proper hearing about bankruptcy and its adjudication one cannot continue in the insolvency proceeding. Eventually, the whole proceeding is encumbered with defect. Therefore, this thesis aims at introducing complex analysis of the first phase of each insolvency proceeding. This study first examines the term 'bankruptcy', both in the form of equity insolvency and balance-sheet insolvency. It lays particular emphasis on the latest amendment of act which came into effect in the second half of 2017 and which significantly adjusted definition of bankruptcy. This section also discusses imminent bankruptcy and conditions of its detection. Next chapter addresses the commencement of the insolvency proceeding and its impacts as well as all necessary requirements and appendixes of the insolvency petition. This paper distinguishes between insolvency petition filed by the...

The Position and Application of Claims of the Secured Creditor in Insolvency Proceedings Abstract The topic of this thesis is the position and application of claims of the secured creditor within the special and to some extent independent type of civil court proceedings, which is insolvency proceedings. The object of insolvency proceedings is the bankruptcy or imminent bankruptcy of the debtor and the method of its resolution. It is more than clear, that the creditors who are involved in this proceedings have an interest in ensuring that their claim is satisfied as much as possible. The aim of the paper, as its name itself suggests, is not a general description of the course of insolvency proceedings, but a comprehensive analysis of the position and application of claims of the secured creditors. In the insolvency law, we understand the concept of secured creditor somewhat more narrowly compared to the general substantive law, which is based on the Civil Code. Indeed, the Insolvency Act defines who is deemed to be a secured creditor for the purposes of insolvency proceedings, and this definition does not include all types of security institutes known to us from substantive law. When examining the issue, I proceed from the relevant legal regulations, relevant case law of the higher courts of the Czech...

This bachelor thesis describes the changes related to the debt relief, that presents the amendment of Insolvency Act No. 64/2017 Coll., which is effective from 1 July 2017, amending Act No. 182/2006 Coll., Bankruptcy and the Methods of its Resolution. This is an important amendment, which transforms a lot of fundamental paragraphs of the Insolvency Act. The thesis provides the essential introduction to the topic of the insolvency proceedings and the debt relief analyzing the current legal regulation of this institute. The changes of Insolvency Act are described and evaluated using analytical method in the context of past and future development. In the practical part is proposed model of debt relief process using process maps.

Discharge - as one of modes of resolving insolvency The subject matter of this master thesis is the institute of discharge of debts, with an emphasis on its rehabilitative nature. A certain degree of indebtedness of the population is currently a social standard and many consumers are falling into the so-called debt trap. This is the reason why the institute of discharge of debts has become the forefront of interest. Discharge allows a debtor to solve impending or already existing bankruptcy and his/her return to normal economic life with a clean sheet. In its seven chapters, the thesis classifies discharge in the system of insolvency law and chronologically deals with insolvency proceedings from the petition to declare bankruptcy and the motion to permit the discharge until its termination from the point of view of debtors as well as creditors. Besides defining alternative ways of resolving insolvency, basic subjects of insolvency proceedings and their possible intervention in the process; the thesis focuses on the subjective and objective admissibility of discharge. Furthermore, the thesis examines the choice of the appropriate method of discharge, namely realisation of bankrupt's estate, fulfilment of the instalment plan or combination of these methods; and conditions for successful completion of...