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Proposal of the Debt Collection Improvement in the Enterprise
Smržová, Petra ; Křivánková, Petra (referee) ; Musilová, Helena (advisor)
This bachelor thesis deals with the recovery of claims in XYZ s.r.o. Basic terms are explained initially, focusing on the legal, accounting, economy and tax point of view. Analysis of current status provides information about the commercial entity and a breakdown of the claims, including their security rights and recovery. Based on the findings, there are recommendations provided in order to possibly improve the state of claim recovery.
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Debt Collection on Behalf of Law Firm
Zábrž, Jan ; Poledník, Petr (referee) ; Kopřiva, Jan (advisor)
This thesis deals with several ways of recovering debts under applicable laws. In the theoretical section explains the different ways of enforcement. The practical part is focused on ways to enforce in practice. The various legal actions and procedures areapplied according to the applicable case law. Based on the experience and knowledgeis chosen the most appropriate procedure recovery and more efficient processing of claims.
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Insurance Frauds
Vala, Marek ; Barňák, Tomáš (referee) ; Semela, Marek (advisor)
This thesis examinate by insurance frauds in transport. The thesis is thematicly divided to main individual parts. In the first part are summarized the theoretical concepts which pursue these issues. The second part focuses on a survey among the public regarding insurance frauds. The main target of this thesis is describing the current state of trade, where the main target will suggest more advantageous and more effective solutions for business based on the detected information and then will be applied to the practice.
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Status of a secured creditor in insolvency proceedings
Šámal, Patrik ; Sedláček, Miroslav (advisor) ; Pohl, Tomáš (referee)
Status of a secured creditor in insolvency proceedings Abstract This thesis focuses on the analysis of the insolvency proceedings from the perspective of the secured creditor from its commencement to its conclusion, with the aim of assessing the effectiveness of the applicable legislation and the position of the creditor in the insolvency proceedings. The thesis does not deal with a comprehensive analysis of the position of the secured creditor, but focuses on the key milestones of the insolvency proceedings and related interpretative ambiguities. The interpretation and application of these provisions are often problematic and require a deeper understanding of the basic legal principles of insolvency law. This paper aims to clarify these problematic areas with reference to relevant case law. The thesis assumes that creditor behavior is based on the economic theory of human behavior, which is based on the assumption of rational behavior and the desire to maximize one's own benefit. The thesis consists of five main chapters. The first chapter focuses on the general meaning of creditors in the context of insolvency proceedings and the requirement for their plurality that arises from the definition of the shared goods problem. Next, the institute of secured creditor under Section 2(2)(g) of the IZ, which has a...
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Tax administrators' claim in insolvency proceedings
Ulvr, David ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Tax administrators' claim in insolvency proceedings Abstract The thesis deals with the claims of the tax administrator in insolvency proceedings. As this is a complex and very broad issue, the thesis focuses on a more detailed analysis of two major cases in which the tax administrator acts as a creditor in insolvency proceedings. Specifically, these are cases where the tax administrator acts as a secured or preferential creditor. The thesis also analyses the data provided by the tax authorities on the basis of questions sent to them. The thesis is divided into two chapters. The first one deals with the tax administrator as a secured creditor. First, the advantages of the secured creditor status in insolvency proceedings are explained. The substantial part of the chapter is devoted to the creation of the tax administrator's pledge, which differs from the general pledge. The thesis reflects on what tax claims can be subject to a pledge in the context of the new case law of the Supreme Administrative Court. This chapter also explains the possible impact of the commencement of insolvency proceedings on the duration of the pledge. The chapter also deals with the conflict between the Insolvency Act and the Civil Code regarding the order of creation of a pledge and presents possible solutions. The next subchapter...
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Claim and dispositions with it
Kment, Václav ; Zvára, Michael (referee)
Claim and dispositions with it Abstract This thesis aims to provide readers with a comprehensive insight into the law of obligations with regard to the theoretical concept of a claim and analyze its place in the legal system as a concept of relative property law and at the same time thing from the perception of the current civil law. The first chapter presents the characteristics of an obligation and its cause and further elaborates on its origin, changes and termination. The second chapter analyses the nature of a claim, as the right of a creditor to demand performance from a debtor from both theoretical and practical poin of view, taking into account the genesis of understanding of this institute from Roman law to the current apprehension in the law of the Czech Republic. For the sake of completeness, a chapter on debt has also been included in the thesis, in order to analyse debt as an institute standing on the other side of the spectrum of an obligation with emphasis on possible dispositions therewith from the point of view of the debtor and the creditor. The fourth chapter deals with the pivotal theme of the thesis, namely dispositions with receivables and their limitations, which arises from the fact that a receivable, although being a property value owned by its creditor, stems from the relationship...
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Proposal to Improve Debt Collection in a Business Entity
Bartoněk, Jakub ; Zimolka, Tomáš (referee) ; Musilová, Helena (advisor)
Bachelor thesis on - Proposal to Improve Debt Collection in a Business Entity is focused on the issue of receivables, their collateral and recovery. The bachelor thesis is divided into several parts. The theoretical part explains and deals with receivables from the legal, economic and tax point of view. The analytical part analyses the methods of securing and recovering receivables in a specific commercial company. Last but not least, the thesis contains proposals for its own solutions to improve the system and economic evaluation of the selected trading company.
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Claim and dispositions with it
Kment, Václav ; Elischer, David (advisor) ; Rozehnal, Aleš (referee) ; Kolesár, Pavel (referee)
Claim and dispositions with it Abstract This thesis aims to provide readers with a comprehensive insight into the law of obligations with regard to the theoretical concept of a claim and analyze its place in the legal system as a concept of relative property law and at the same time thing from the perception of the current civil law. The first chapter presents the characteristics of an obligation and its cause and further elaborates on its origin, changes and termination. The second chapter analyses the nature of a claim, as the right of a creditor to demand performance from a debtor from both theoretical and practical poin of view, taking into account the genesis of understanding of this institute from Roman law to the current apprehension in the law of the Czech Republic. For the sake of completeness, a chapter on debt has also been included in the thesis, in order to analyse debt as an institute standing on the other side of the spectrum of an obligation with emphasis on possible dispositions therewith from the point of view of the debtor and the creditor. The fourth chapter deals with the pivotal theme of the thesis, namely dispositions with receivables and their limitations, which arises from the fact that a receivable, although being a property value owned by its creditor, stems from the relationship...
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Application of claims to bancrupcy proceedings
Horák, Milan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Application of claims to bancrupcy proceedings Abstract This thesis deals with claiming entitlements within insolvency proceedings. The aim of this thesis is to provide a comprehensive overview of formal requirements for creditors and all types of entitlements which can be claimed in insolvency proceedings regardless at what phase of the proceeding they originated. The thesis is approached with a practical point of view with the use of years of experience in the field of insolvency law. Practical consequences are stated in each chapter. The positives and negatives of individual amendments to the Insolvency act and proposals de lege ferenda are stated in the conclusion. Key words: claim, entitlement, insolvency proceeding, creditor
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