Instrumenty ochrany před věřiteli - komparace právních úprav

The purpose of my thesis titled Instruments of Protection from Creditors -- Comparison of Chosen National Legislations is to compare available instruments of the debtors' protection against the creditors, which constitute common part of both national and international legislations (e. g. European directives), as well as of international treaties nowadays. The aim of the thesis is to provide qualified analysis of chosen national enactments of the legal instrument of the moratorium, compare their concepts, characteristics, procedural requirements and thereupon to identify prospective inspirations for the Czech insolvency law. The thesis is composed of six chapters including the foreword and conclusion. Following the foreword (Chapter 1), which states the aims, structure and methods used in the thesis, its theoretical part (Chapter 2) examines the basic phenomena which compose the subject matter hereof. These are, in particular, the crisis of the corporation from both economic and legal perspective and correlation between these two viewpoints. Previous explanation is amended with historical excursion over the developments of the insolvency and bankruptcy legislation in the geographical area of the contemporary Czech state, which is primarily focused on the instruments of debtors' protection. The theoretical part is followed by the analytical, comprising of two topics. In the first (Chapter 3), current Czech law No. 182/2006 Coll., on insolvency and relevant proceedings (Insolvency Act of 2006) is discussed. Its legal instruments of debtors' protection against the creditors are emphasised and thoroughly inspected. These are in particular injunction of promulgating the bankruptcy, debtor's statutory safeguard against voiding the vitally important contracts and its right to decide on the priority of payments. In the second block (Chapter 4), relevant bankruptcy and insolvency legislations of the USA, UK, Germany, France, Italy and certain economically developed states of South-eastern Asia are examined. In Chapter 5, these legal systems and their approaches to the debtors' protection against the creditors (moratoria) are compared to the Czech legislation. Upon this comparison, basic ideas, principal concepts, procedural requirements of the abovementioned protection and the effects of the moratoria are collected and assessed. In the conclusion (Chapter 6), the outputs of foregoing analysis are synthesised into certain recommendations for the next developments of the insolvency legislation in the Czech Republic. The thesis is closed with several Appendices, List of Sources and List of Figures. Main methods of this thesis are (legal-economical) analysis, comparison and synthesis. The aim of the author hereof is to efficiently combine the legal comparison of certain national legislation with economic analysis of its impacts carried out from the rational procedural participant's perspective. The main effort of this thesis is to deliver the reader with exhaustive comparison of the legal coverage of the moratoria and, in particular, to identify the improvement opportunities for the Czech legislation.