CEU Electronic Theses and Dissertations, 2010
| Author | Adamkova, Barbora |
|---|---|
| Title | Protection of creditors by the English fixed and floating charge as compared to the Czech encumbering charge over business |
| Summary | Just as external financing is crucial to the operation of any business, so is securing crucial to any creditor willing to provide the business with a financial facility whose primary interest is to be protected against the non-performance of his debtor. The present paper is devoted to a comparative study of the level of protection of creditors by the Czech encumbering charge over business and the English fixed and floating charge. The aim of the thesis is to analyze and compare the English fixed and floating charge to the Czech encumbering charge over business with regard to the level of protection of creditors granted by the two distinct legal systems through legislation and case law. Special attention is given to the critical assessment of the Czech legal environment with specific suggestions for legislative amendments pursuant to the English concept of the floating charge. Through a comparative analysis of the main advantages and disadvantages of the two security devices from the point of view of a secured creditor, the thesis answers the question whether the Czech encumbering charge over business in its current form serves the best interests of the creditors and advocates the introduction of a new statutory framework. In conclusion, the thesis demonstrates that due to several principal weaknesses of the Czech law on the encumbering charge over business, and unlike the English charge, this security device is not yet in a condition to become widely used in commercial reality, unless radical reform of the valid law takes place. |
| Supervisor | Tajti, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2010/adamkova_barbora.pdf |
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