Kategorie: Restructuring and insolvency

30. 07. 2019

New Directive on Restructuring and Insolvency shall ensure that entrepreneurs – individuals have a possibility to achieve a full discharge of debt

A new Directive on Restructuring and Insolvency (hereinafter the “Directive”) [1] entered into force on 16 July 2019. Not even three months after the large-scale domestic regulation concerning discharge of debt came into effect it is sure that there will be further changes in this area in the next two years.[2] The expected adjustments will …

22. 02. 2019

Provability difficulties of counterclaims do not always exclude them from offsetting by the defendant

Since the judicial enforcement of practically certain claims is often delayed by the defendants’ opportunistic set-off objections, the general prohibition of uncertain or indeterminate claims to be set off has been incorporated into the Czech Civil Code. However, the interpretation of the relevant provision of the Civil Code by courts has not gotten settled yet. …