Publication details
Řešení situace dlužníků: exekuční, nebo insolvenční řízení?
| Title in English | Handling Situation of Debtors: Enforcement or Insolvency Proceedings? |
|---|---|
| Authors | |
| Year of publication | 2026 |
| Type | Article in Periodical |
| Magazine / Source | PRÁVNÍ ROZHLEDY |
| MU Faculty or unit | |
| Citation | |
| web | https://app.beck-online.cz/bo/chapterview-document.seam?documentId=nrptembsgzpxa4s7gzpxgxzrha3q |
| Keywords | enforcement; execution; insolvency; debt discharge; debtor; creditor |
| Description | The phenomenon of household indebtedness and over-indebtedness also affects the Czech Republic, which increases the importance of legal mechanisms for resolving situations involving debtors who are unwilling or unable to pay. The study focuses on non-business individuals and examines whether they are effectively distributed between enforcement and insolvency proceedings in practice. The aim is to identify cases in which debtors could more appropriately resolve their situation using a legal instrument other than the one currently applied to them. The research combines doctrinal analysis with a qualitative case study based on in-depth interviews with legal professionals. The findings show that respondents have no experience with debtors who would resolve their situation in insolvency proceedings, even though enforcement would suffice. On the contrary, they encounter debtors who remain in enforcement proceedings even though they meet the conditions for entering into debt relief. The main barriers to entry include low legal awareness, debtor passivity, economic calculations, structural deficiencies in the system, and social and cultural factors. The study provides new insights for academic debate and the development of debt policy and legislative measures. |