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Legislation and implementation of distraint procedures in Czech Republic
Holzknechtová, Denisa ; Hájková, Ivana (advisor) ; Zdeněk, Zdeněk (referee)
The Masters thesis is titled Legislation and implementation of distraint procedures in Czech Republic. The theoretical part explains the concepts that relate to issues including specifics of a bailiffs office and the Czech Republics Chamber of Bailiffs. The process of distraint from the beginning until the seizure and termination is then fully depicted. Description of methods by which such distraints may be carried out, including the costs and fees of the bailiff are also covered. In the practical part are evaluated statistically the number ordered and completed foreclosures in the 2010-2015 period, including influences on her work immediately. The practical part of thesis contains statistically evaluated numbers of ordered and completed constraints during the years from 2010 to 2015, inlcuding influences that they may correlate with. Subsequently, an analysis of two homogeneous regions was carried in the sense that unemployment rate, criminal activity and social benefit payments are often at the beginning of the indebtedness and the consequent execution order. The practical part ends with an evaluated existing legislation, including its amendments and practical examples that are currently becoming a tradition.
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Selected aspects of the execution proceedings
Chudá, Kateřina ; Korcová, Renata (advisor) ; Pikola, Pavel (referee)
The bachelor thesis is dealing with the problems connected with the execution proceedings. The first part is focused on defining the different types of enforcement, with emphasis on execution proceedings. The theoretical part is focused on the general definition of the execution, the analysis of the contemporary legislation and the position of a bailiff in the Czech legal order. The course of execution proceedings and subsequent characterization of its individual parts is described in other sections of the work. The end of the theoretical part includes the selected means of defense against mandatory execution. The practical part is focused on the shortcomings of execution proceedings based on the specific example of practice. The author analyzes the defects that were associated with the execution proceedings and attempts to draft a solution to prevent similar situations.
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Debt Recovery
Hájková, Pavla ; Hájková, Ivana (advisor) ; Jansa, Viktor (referee)
This bachelor thesis deals with the topic of debt recovery of the Czech Republic. The theoretical part deals with the general characteristic of receivables and explains individual species debt recovery with focused on one type of them, distraint. The practical part shows distrainer activity and distrainer's office, there is focused on the specific distrainer´s office in Prague 4 under the supervision of JUDr. Jany Tvrdkové. In the next section are statistical reports of process distraint in Prague 4 compared with Czech republic reports. The graphs also show enforcement of distraint and particular structure of the ordered distraint. Last but not least are provided two examples of enforcement cases. The first casa describes the distraint for pecuniary performance and the second case describes the distraint for non-pecuniary performance.
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Recovery of Debts
Šestáková, Romana ; Urbášek, Vratislav (referee) ; Musilová, Helena (advisor)
The main subject of my bachelor thesis is a recovery of the outstanding claims, its methods and relevant legal instruments. A special part of my thesis is focused on the definition of the legal terms, e.g. Execution of the Resolution, Execution, Claim, etc. Furthermore, the comparison of the terms Execution of the Resolution and Execution itself is a part of my thesis. The legal position of the Executor as a relatively new institution on this field according to law of the Czech Republic also creates a special part of my work. The another part of my work contains the summary of the legal procedure of the execution and presentation of some practical examples.
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Recovery of Debts
Hešová, Tereza ; Žáková, Zuzana (referee) ; Musilová, Helena (advisor)
This bachelor thesis describes recovery of debts. It’s main focus is to provide analysis of legal regulations related to recovery of debts by court and executor. It gives a summary about process at execution of resolution and execution. Simultaneously, this paper’s trying to find way, how to improve effectiveness of recovery of debts.
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The course of execution proceedings
Jelínková, Petra ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
The thesis deals with a very actual issue of execution, from the beginning to the end of proceedings, which monitors and analyzes each individual stage. Discusses the legal rules execution, execution modes, specifies the notion of the party and also addresses every single stage of the execution proceedings separately and in detail. It also deals with the rights of debtors and the frequent problems associated with the course of the execution proceedings, and shows the real life situation from the perspective of a party, whether in the role of the debtor himself, debtor spouse or roommate. The aim is to clarify the basic rights of debtor during the execution proceedings and demarcate negotiations of executors. Furthermore, my goal is to evaluate the current legal status of execution proceedings under the Enforcement Regulations, focusing in particular on its shortcomings and difficulties and also to ascertain whether the rights of debtors are sufficient. The motivation for the treatment of this issue for me is the large media coverage of the topic, his ignorance of the citizens and also a major financial illiteracy of the nation, which each year brings more problems to individuals and families.
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Analysis of funerals in the city of Brno from 2002 to 2012
ZOUFALÁ, Eliška
The main aim of the thesis is the organising of the social funerals if the organiser is the municipality. And thus the Brno municipality which is divided into quarters. These city quarters pursue through the agency of social divisions the administration of the social funerals. In the bachelor's thesis I deal with terms related to social funerals. I characterize the possibilities of burials at these days, the way and procedure of burying in the case of the social funeral. In the practical part of the thesis I struggle to answer the question whether is there the falling or the rising of social funerals in the city of Brno. I decided to employ a quantitative research and the method of a questionnaire survey.
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Consumer loan and activities of judicial executor
Lovecký, Michal ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
The Bachelor's Thesis deals with consumer loan and activities of judicial exekutor. These two areas are linked by debt collection process which starts with the first delay of consumer loan installment and ends by distraint. The priority of the Thesis is to describe activities of judicial executor, his authorities, legal definition and to compare how far theory match practice on particular case. The Thesis also deals with legal definition of consumer loan, advanteges and disadvanteges of this product and types of sanction. To complete process of debt collection the Thesis also describes extrajudicial debt collection and its most common methods.
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Executory process in practise
Čepelková, Sabina ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
This bachelor's thesis deals with issue of execution against Czech household's property. The main goal is to provide the reader with a guideline how to solve already existing execution or if it is expected to be an execution in the future by entrusting the administration of debts to a private legal entity. In the theoretical part of this bachelor's thesis I am explaining key concepts which are related to this issue, then this part contains of enumeration of existing types of execution, the methods how they are fulfilled and the development of executory process. Following chapter deals with development of Czech household's indebtedness from the year 1990. In the practical part concrete cases of debtors are mentioned and described with their solution, which was done by the company CS Finance limited.
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