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International Insolvency Law in the Czech Legal System

Publication at Faculty of Law |
2017

Abstract

The chapter deals with the legal regulation in the Czech legal system of questions arising out of international insolvency proceedings. The first comprehensive regulation of insolvency law in the Czech Republic marking the birth of modern Czech international insolvency law was adopted in 1991.

The Act No. 328/1991 Coll., on bankruptcy and composition. contained provisions on international insolvency law in relation to EU and also to non-EU countries. Currently there is a dual system of international insolvency law in the Czech Republic.

International insolvency where the COMI is located in the EU is governed by the EU Insolvency Regulation and the Insolvency Act (No. 182/2006 Coll). International insolvency where the COMI is located in a third country is governed by the Private International Law Act.

There is no international treaty binding for the Czech Republic containing regulation of international insolvency law.