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Usury in democratic society. Ethical-historical and civic-legal view in the context of the Czech Republic
Bednář, Jaroslav ; Mašek, Vojtěch (advisor) ; Sládek, Karel (referee)
This written work deals with the meaning of the terms usury and interest over the course of time from the anthropological-historical point of view given by the philosophical and theological authorities and painters of the time. The work reflects the socio-ethical interpretation of moral dilemmas associated with usury in today's civic-economic practice, especially in the context of the Czech Republic. In the introductory section, the concept of usury is defined. On the basis of legal science, the principles governing the legal area in the decision-making and the definition of usurer behaviour in criminal and private law relations are highlighted. For the proper understanding of the issue are illuminated the meanings of terms such as debt, bond, compound and simple interest, annual average cost rate. The second part of the work is devoted to usury in selected biblical passages of the Old and New Testament. In the context of the comparison, a modest comparative insight into Islam is given in relation to usury (ribá), and some morally controversial banking transactions under sharia Islamic law are introduced. In the third section, an extensive historical and legal part the development of credit issues, usury from the perspective of selected philosophers and church authorities are described. Specific...
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The protection of the weaker party in private law
Štroblová, Kristýna ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
The protection of the weaker party in private law The topic of the thesis is "The protection of the weaker party in private law". Protection of the weaker is one of the key principles of the current civil code and one of the fundamental principles on which private law is based. With the efficiency of the new civil code, the principle of protection of the weaker party is reflected in a variety of legal institutions and rules. This work aims to define the meaning and purpose of the principle of protection of the weaker party in private law, its position in the hierarchy of law and to analyze its manifestation in the context of each of the rules and institutions enshrined in the civil code. Due to the fact that in contemporary society it is quite common for the parties to enter into the contractual relationship in the de facto unequal position, it is essential to respond strongly than ever before to this situation and to correct this imbalance with the relevant rights and resources called "the protection of the weaker party". The intention of this work is to evaluate the current level of protection of the weaker party in private law, to compare the existing level protection with the previous one, to unveil any deficiencies, theoretical and practical problems in the adaptation of the individual...
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Theological treatise by Master Jacobellus de Stříbro "De ususra iudeorum et christianorum" and his reflection of the position of Jews in society
Gažíková Fečová, Rostislava ; Vymětalová Hrabáková, Eva (advisor)
1 Summary Diploma thesis "The theological treatise by Master Jacobellus de Misa ‚De usura iudeorum et christianorum' and his reflection of the position of Jews in society" is about the one from the writings of m. Jakoubek of Stříbro. Treatise "Contra usuram" ("Against usury") was written about in the year 1415, and has not yet been translated into Czech. For the use of this theses, I translated the Latin text of Appendix into Czech. The first chapter of advocates selected topic in historical context, that is, the crisis of the turn of the 14. and 15. century, when the high middle ages already continuously paced to the modern era. Our history has been called Czech Hussite reformation and revolution. In the second chapter is introduced by m. Jacob of Mies as a friend, collaborator and successor in the work of m. Jan Hus at the Prague University. Together with m. Nicholas from Dresden initiated the adoption of recovery sub utraque speciae and became a leading theologian utraquists.The subject of the third chapter is the concept of usury, according to the Scriptures, the church fathers and teachers, and the medieval doctrine of the usury and its effects. Usury was all the ecclesiastical authorities, widely dismissed as immoral, forbidden Letters social phenomenon. The fifth chapter deals with the dramatic...
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Theological treatise by Master Jacobellus de Stříbro "De ususra iudeorum et christianorum" and his reflection of the position of Jews in society
Gažíková Fečová, Rostislava ; Vymětalová Hrabáková, Eva (advisor) ; Hrdlička, Jaroslav (referee)
1 Summary Diploma thesis "The theological treatise by Master Jacobellus de Misa ‚De usura iudeorum et christianorum' and his reflection of the position of Jews in society" is about the one from the writings of m. Jakoubek of Stříbro. Treatise "Contra usuram" ("Against usury") was written about in the year 1415, and has not yet been translated into Czech. For the use of this theses, I translated the Latin text of Appendix into Czech. The first chapter of advocates selected topic in historical context, that is, the crisis of the turn of the 14. and 15. century, when the high middle ages already continuously paced to the modern era. Our history has been called Czech Hussite reformation and revolution. In the second chapter is introduced by m. Jacob of Mies as a friend, collaborator and successor in the work of m. Jan Hus at the Prague University. Together with m. Nicholas from Dresden initiated the adoption of recovery sub utraque speciae and became a leading theologian utraquists.The subject of the third chapter is the concept of usury, according to the Scriptures, the church fathers and teachers, and the medieval doctrine of the usury and its effects. Usury was all the ecclesiastical authorities, widely dismissed as immoral, forbidden Letters social phenomenon. The fifth chapter deals with the dramatic...
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Usury
Sedlmajerová, Tereza ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
This thesis focuses on the analysis of usury as a negative social phenomenon from the perspective of Czech law in the Czech courts. It is mainly focused on examining this issue in a broader context. There is a comparison of usury contained in the new Civil Code modifications as the Criminal Code. Lastly, the thesis aims to determine whether the current legislation of usury is sufficient, or not, and then propose any possible amendments.
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Usurious contracts within the context of civil law
Šejdová, Kateřina ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Central point of the thesis at hand is the effort to clarify legal consequences arising out of the conclusion of the usurious contract. Its primary aim is to determine whether the usurious contract is voidable or rather null and void and whether it is possible to uphold the usurious contract either by applying the concept of partial invalidity or by judicial balancing of the grossly disproportionate considerations arising out of the usurious contract. This thesis is structured into two parts. The first chapter of the first part briefly introduces paradigms of the rules related to the usury. The second chapter analyzes individual characteristics of the usury. In the third chapter author argues for the possibility to review the contracts (showing the disproportion of considerations, defects of the abused's will and the element of abuse, however, not fulfilling all the characteristics of the usurious contracts due to narrow definition of the usury) by the good-manners-test. Second part of this thesis is divided into three chapters. The first chapter analyzes consequences resulting from the violation of the usury prohibition and their impact on the usurer's and the abused's legal position. This chapter also deals with the difficulties in terms of interpretation of rules governing invalidity of legal...
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Indebtedness of Czech households and its influence on quality of life
Rolincová, Martina ; Mašková, Pavla (advisor) ; Háva, Petr (referee)
Martina Rolincová Indebtedness of Czech households and its impact on quality of life Thesis Abstract The thesis "Indebtednesst of Czech households and its impact on quality of life," explores the phenomenon of over-indebtedness and thus, what impacts has this problem on life satisfaction of borrowers and their families. The main goal of this work is to describe these effects and instruments how Czech legislation responds to this negative phenomenon. Part of the work is a qualitative research among borrowers, their families and staff of non-bank credit institutions and agencies of discharge. Based on the analysis of this research and legislative background of this issue finds the author next to insufficient financial literacy also gaps in the legislation in protecting relatives against the consequences of wrong decisions of their family members.
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Islamic Interest-free Banking
Vopálková, Eva ; Kropáček, Luboš (advisor) ; Gebelt, Jiří (referee)
This diploma thesis attempts to explain the background of the origin of Islamic interest-free banking, where the first part of the thesis is devoted to the attitudes of ancient jurisdictions towards interest in the Old Testament and the Christian middle ages. It also tries to explain the basic principles of Islamic banking's functioning, the specific products it offers, and to show its position and practices in selected Muslim and European countries.
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Over-indebtedness in the Czech Republic: Problem Analysis and Policy Alternatives
Řezáčová, Lucie ; Veselý, Arnošt (advisor) ; Čabanová, Bohumila (referee)
The thesis "Over-Indebtedness in the Czech Republic: Problem Analysis and Policy Alternatives" deals with the issue of over-indebtedness of households with regards to consumer loans, specifically in the Czech Republic. Over-indebtedness is currently a very real and serious issue. The author attempts to tackle what is a relatively complex issue. The objective of the thesis is to demonstrate that over-indebtedness is a significant problem and analyse the myriad factors that contribute to it. Finally, possible solutions to the problem are explored. The author exhibits a variety of data to measure over-indebtedness in addition to determining the various causes, namely individual economic factors, such as sudden unemployment, and financial imprudence, which can be attributed to individual psychology or low financial literacy. Additionally, the unfair and even loan-sharking practices adopted by some loan providers and brokers along with the problematic process of debt enforcement, which contribute to over-indebtedness are described in detail. Based on the identified drivers, the thesis proposes specific tools to address the problem, with particular emphasis on regulating providers, and analyses their advantages and disadvantages. Further to the regulatory instruments, the thesis also stresses the need to...
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