Oddlužení manželů jako jeden ze způsobu řešení krize rodinných financí

Abstract

This thesis focuses on the issue of debt relief for married couples within the framework of insolvency proceedings, with an emphasis on the changes introduced by the amendment to the Insolvency Act, which came into effect in October 2024. The aim of the thesis is to analyze the process of joint debt relief for couples, compare the advantages and disadvantages of this model in the context of before and after the amendment, and provide a comprehensive overview of key aspects of insolvency proceedings, including the position of the debtor, the insolvency trustee, and the conditions for approval of debt relief. The theoretical part describes the legal framework and definitions of insolvency, claims, and the insolvency trustee's fee. The practical part of the thesis includes a comparative analysis of three case studies that illustrate the impact of the amendment on the real situations of debtors and their ability to achieve successful debt relief. The results of the thesis show that the amendment improves the position of creditors and imposes stricter conditions for debtors, but also creates uncertainty regarding the fees of insolvency trustees and increases their administrative burden.