Oddlužení manželů v teorii a praxi

Abstract

The aim of my thesis is to suggest a method of spouses discharge from debts, which the legal acts of Czech Republic do not specify and it results in differences in court decisions. This thesis is sequentially divided into four parts. In the first, theoretical part, the pillar of insolvency and the basic concepts of this issue are described. The following part describes the process of debt relief from the proposal in details through discussion, method of solution, the insolvency trustee, to work after the liberation of the debtor from debts. The problems of spouses discharge from debts arising during the process are described in the next part. In the last part of this thesis, de lege ferenda considerations are introduced being by me considered essential part of this thesis. Author proposes some changes that would bridge the gaps in the national law. Author´s suggestions and considerations that have been gained during author´s practice with the insolvency trustee are added, too. Several significant conclusions were discovered. The main valuable consideration is the spouses discharge from debts via single process. Another consideration is change related to remuneration of the insolvency trustee. I would adjust this remuneration differently for spouses discharge from debts and individuals. Finally, author would like to point out that the proposed changes would certainly facilitate ways of dealing with this spouses discharge from debts and exhaustive definition would avoid differences of judgments.