Discharge of Debts in Insolvency Proceedings from the Perspective of the Constitutional Rights of Creditors and Debtors.

The debtor's discharge from the payment of claims, as set out in Section 414 of the Insolvency Act has always been a cornerstone of the Czech framework for debt relief. On one hand, it strengthens the debtor's incentive to comply with obligations and functions as a "second chance" at a life free of debt, thereby advancing a range of debtors' fundamental social rights and broader interests of general society. By contrast, it constitutes a significant intervention by public authority into the property and other rights of creditors, which are likewise protected by the Charter of Fundamental Rights and Freedoms. This creates a collision of several fundamental rights and principles, the resolution of which is possible only through a full test of constitutionality. This thesis therefore seeks to determine whether the discharge from the payment of claims constitutes, from a constitutional-law perspective, a proportionate interference with the private-law relationship between creditors and debtors. While trying to accomplish the abovementioned goal, the thesis analyses the discharge regime in debt-relief proceedings, its relationship to fundamental constitutional principles, and its impact on the respective positions of creditors and debtors, all as a basis for the testing of its conformity with the...