Non-Criminal Sanction for Lack of Cooperation of Third Persons at Determination of Bankrupt’s Property within Bankruptcy Proceedings de lege ferenda
Non-Criminal Sanction for Lack of Cooperation of Third Persons at Determination of Bankrupt’s Property within Bankruptcy Proceedings de lege ferenda

Summary/Abstract: The authors consider the possibility to use potential repressive measures in order to foster the motivation of the third parties (within the meaning of the Act No. 7/2005, Coll. on Bankruptcy and Restructuring) to provide the official receiver with all the due and timely cooperation at determining the state of bankrupt’s property. The success in establishing the aforementioned conditions the satisfaction of creditors’ claims within the insolvency proceedings. Any mistake at this point can lead to general failure in the purpose of the proceedings. At this stage, outside the scope of criminal procedure, the obligatory interference into the proprietary integrity of the persons under the duty to provide the official receiver with necessary cooperation seems to be a pertinent instrument. The threat of sanction should motivate the relevant persons to provide the necessary cooperation duly and timely and, should the sanction be imposed fairly (i.e. liability found), the person in issue should be brought to behave in compliance with law pro futuro. The attainment of this goal depends on the adequacy of sanction, its severity and obligatory force. In their article, the authors comparatively refer to the Czech statutory regulation de lege lata.

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