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Enforcement proceedings conducted by the Enforcement Code and its social impact on the borrower
VOLFOVÁ, Ilona
My bachelor thesis deals with the current legal regulations of the civil executory proceedings pursuant to Act No. 120/2001 Coll. about the court executors and executive act (executive order) in comparison with proceedings pursuant to part six of civil proceeding code No. 99/1963 Coll. Until the effectivity of executory order in 2001 the civil proceeding code was the only legal enactment, which enabled creditors to enforce its civil claims if debtors don´t want to discharge a debt voluntarily. The claim must be declared by court or other institution and there must exist such desicion, it is basic for order of execution. Dualism of executory proceedings takes from 2001. Purpose of both proceedings was the same, enforce a debt, but the instruments which they used were different. Since 2013 there is the only chance to enforce civil claims if debtors don´t discharge and it´s executory proceedings because it offers faster and more effective way. The aim of the practical part is to find out the reasons for the borrowers to get enforcement proceedings, as part of the executor office in České Budějovice, and what impact this had on their social situation. The work was compiled in the form of qualitative and quantitative research, collection of data was conducted from content analysis of execution documents in selected execution office, and technology-driven interview was also used within the Office of 8 borrowers when borrowers selection was based on the possible availability. In the context of this research were defined subsequent research questions: 1) What are the causes of non-payment and subsequent executions? 2) What impact has the recovery on the social situation of the debtor, respectively. his family? Research has confirmed that people think poorly of their financial possibilities. They usually have a low income and the disproportionately high costs. It was found that the respondents have no financial plans. Often they don´t think, which points to a lack of rationality and miscalculation of finance. These findings confirm the forecasts of experts. The research also shows that it is necessary to focus on the prevention of the formation of the family budget and increasing financial literacy. Most often the borrowers owe the insurance, energy, and to the city, which also confirms the findings of experts on the topic of foreclosures. Often, in practice also meet with irresponsible sanation other debt. The research also confirmed the theoretical knowledge of experts. Supervised execution proceedings is negatively reflected on family life and can lead to psychological problems. The financial burden resulting from debt collection leads to an inability to fulfill other obligations, including such as cost of living. Respondents confirm the findings of experts that enforcement proceedings can lead to social exclusion and limitation of basic needs. Furthermore, research shows that people under execution only "survive" from paycheck to paycheck. It is also confirmed that the impact of enforcement can lead to alcoholism, illegal work and had a great impact on the whole family. The solution to this issue in order to avoid default on receivables and subsequent enforcement proceeding would be to increase the dissemination of information through the media. Information about the negative impacts of foreclosures should be provided clearly and should be available to all. It would also need to increase financial literacy and has been since elementary school. People should try to behave in a more economically way and be able to make responsible decisions about their finances. Possible assistance and prevention could be to extend the services of financial advisors who would provide information and advice on how to manage the family budget. From the state could lead to a tightening of credit conditions in the conclusion of contracts. The creditor should be required to determine the revenue potential borrower.
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