Společné oddlužení manželů a jejich ekonomická situace

Abstract

This diploma thesis is focused on impact assessment of collective or separate debt relief of spouses on specific case studies in order to point out advantages and disadvantages resulting from collective debt relief. The thesis outlines the basic characteristics of the insolvency proceedings, from the definition of the bankruptcy and the characteristics of its fulfillment to the subjects in the proceedings and the list of possible ways of solving the bankruptcy. Main attention is paid to the issue of individual debt relief and the process of implementation, which is complemented by a specific area - collective debt relief of spouses, that married couples can use to resolve their economic situation from the beginning of 2014. Collective debt relief of married couples shows many advantages and disadvantages that need to be carefully considered by the spouses before entering into one joint procedure. During insolvency proceeding the unequal ratio of the exclusive debts of each of the spouses to the common debts (belonging to the common property of the spouses) can play its role, as well as a possible divorce (resulting in alimony and child maintenance) or death of one of the spouses. Therefore, it is up to a married couple to consider not only whether they have sufficient assets to satisfy creditors by monetizing their property, or whether they are able to secure sufficient income for the entire length of their debt relief by fulfilling the repayment schedule, but also whether the two spouses can rely on one another and handle this difficult process together without any further complications.