Procedural liability of the debtor and creditor in insolvency proceedings in the light of the case law of the Supreme Court of the Czech Republic
Abstract
The chapter focuses on the procedural responsibility of the parties to insolvency proceedings for the fulfilment of their procedural obligations. Against the background of the case-law of the court of appeal, it analyses the various procedural obligations of the parties and examines the extent to which their liability is determined by law and case-law.
It primarily focuses on the liability of the parties for the fact that they did not assert in the proceedings all the relevant facts relevant to the decision on the merits. Based on the recent decision of the Supreme Court of the Czech Republic of 31.03.2021, sp.zn. 29 ICdo 112/2019, the obligation of the debtor and the creditor in proceedings before the insolvency court is presented in a situation where, even if the debtor does not contest the creditor's claim and even recognizes it, this legal act cannot be regarded as recognition of the debt within the meaning of the § 2053 o.z., because it is not addressed directly to the creditor, and therefore if the procedural obligations of the creditor are not fulfilled, according to the instructions of the insolvency court, the court may, despite the legitimacy of the creditor's claim, decide against him.