MVV379K Selected Areas of European and Austrian Insolvency Law and Related Aspects of Company Law

Faculty of Law
Autumn 2023
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Taught in person.
Teacher(s)
Prof. Gerhard Saria (seminar tutor), JUDr. Anna Zemandlová, Ph.D. (deputy)
Mgr. Tereza Pondikasová, Ph.D. (assistant)
Guaranteed by
JUDr. Anna Zemandlová, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV379K/01: Mon 9. 10. 14:00–15:40 S125, 16:00–17:40 S125, 18:00–19:40 S125, Mon 16. 10. 12:00–13:40 041, 14:00–15:40 041, G. Saria
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 25/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 80 fields of study the course is directly associated with, display
Course objectives
The course gives an introduction to the Austrian and European insolvency law as well as to related areas of law, especially company law. It gives a practical relevant overview on the problems arising when dealing on behalf of or with a company that is underfunded, in danger of losing solvency or already insolvent. The lectures cover recent developments at the European level and connect them with the national level. Besides the transfer of knowledge, the course aims at creating awareness for the various conflicts of interests on the sides of the different stakeholders involved and the solutions offered by the law for these conflicts. Therefore, it links the “live” of a company with the various legal institutions of insolvency law and related areas of law. Knowledge of Czech insolvency law or of the German language is of advantage but not necessary.
Learning outcomes
At the end of the course, students should be able to:
- understand the most important provisions of Austrian and European insolvency law;
- understand the various relations between insolvency law and company law;
- avoid the most important dangers for company directors, shareholders and creditors before the opening of insolvency proceedings and during the course of insolvency proceedings.
Syllabus
  • 1. Fundamental principles of Austrian insolvency law
  • 2. Introduction to European insolvency law including the proposal for a directive harmonising certain aspects of insolvency law
  • 3. Alternatives to insolvency proceedings according to Austrian law: the case of recovery and resolution in company and insolvency law
  • 4. From avoidance actions to civil and criminal liability: risks and remedies for company directors, shareholders and creditors in connection with a crisis or an insolvency of a company
Literature
  • Handouts; available to the students at the beginning of the course.
Teaching methods
Classroom lectures with emphasis on Q & A and discussion
Assessment methods
participation in class; oral colloquium
Language of instruction
English
Further Comments
Study Materials
The course is taught only once.
  • Enrolment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/autumn2023/MVV379K