CEU Electronic Theses and Dissertations, 2012
| Author | Höbel, Sven |
|---|---|
| Title | The contest of creditors' insolvency claims and debtors' fraudulent transactions in the Czech and the German insolvency proceedings |
| Summary | The thesis first briefly outlines the historical development of Czech and German private law in general, and in terms of insolvency law in particular. Further, the emphasis is put on the mechanisms that the Czech Insolvency Code provides in order to protect the insolvency estate from unjustified insolvency claims and debtor's transactions. By comparing the relevant Czech provisions with their German counterpart, the thesis shows the parallels and differences between the two legal systems concerning the contest of insolvency claims and debtor's fraudulent transactions, and makes concrete suggestions on how the Czech system can profit from adapting legal concepts from Germany. The thesis asserts that despite some minor differences the Czech and German concepts on the contest of insolvency claims and debtor's transactions are very similar. It concludes that the creditors' competences concerning the contest of other creditors' insolvency claims are a little weaker in the Czech than in the German system. It demonstrates the slight differences of the two countries' concepts on the contest of fraudulent transactions, and outlines a set of legal issues which should be subject to future discussion and clarification in the Czech Republic. |
| Supervisor | Tajti, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/hoebel_sven.pdf |
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