Glosa k požadavku plurality věřitelů v tuzemském insolvenčním řízení a krátké srovnání s prvorepublikovou úpravou
Gloss plurality of creditors to demand in the domestic insolvency proceedings and comparison with the legislation of Austra-Hungary

Summary/Abstract: This article deals with the necessity of creditors plurality in the insolvency proceedings in Czech legal provisions compared with mid-war Czechoslovakian regulations. Currently it is not possible to break the demand of creditors’ plurality but the mid-war legal provisions allowed one fixed exception. Procedural plurality of creditors (so that the creditors actually files prove of claim in the insolvency proceedings) is not legally required in contrast with mid-war legal requirements. Such conclusions are made by the High Court in its decisions regarding personal bankruptcy, where the Court concluded that in case no creditor files prove of claim in the insolvency proceedings, the debtor’s right to have its situation solved by personal bankruptcy cannot be denied.

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