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Public law protection of a consumer of financial services in the Czech Republic
Safín, Michal ; Kohajda, Michael (advisor) ; Boháč, Radim (referee)
The thesis aims to specify means of consumer protection in financial services in the Czech legal system, to clarify their structure, assess efficiency and evaluate the extent to which consumer protection is provided. Main topic of interest is restricted within the purview of the financial ombudsman of the Czech Republic. The first chapter focuses on definition of instrument of consumer protection in financial services and their classification from a theoretical point of view. The next three chapters are devoted to a detailed depiction of consumer protection means in three segments of the financial market: payment system, consumer credit and collective investment. Legal provisions concerned with the Czech financial ombudsman are the matter of subject of the last chapter, which is accompanied with a brief analysis of functioning efficiency of this institution. Applied methods are interpretation of Czech legal framework, description of consumer protection instruments and basic statistical methods used for data comparison, which are the basis for general deductive implications. The paper pinpoints deficiencies of the legal provisions and its conclusions consist of suggestions in specific fields. The main output of the thesis includes an emphasis of the need of progress in financial readiness of...
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Consumer credit
Soukup, Jakub ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Consumer credit Abstract This diploma thesis deals with the topic of consumer credit, focusing on a systematic and comprehensive analysis of the development of consumer credit legislation not only in the Czech Republic, but also with a focus on essential legislation of the European Community and the European Union. The thesis is also focused on answering the theses set out in the introduction, which focus mainly on the issue of assessing the creditworthiness of consumers and the issue of regulation of providers and intermediaries and their impact on the activities of these entities in practice. For this purpose, the thesis is structured into seven parts, in which the legal regulation of consumer credit is systematically described, and certain essential or problematic passages are analysed in more detail. The first part of the thesis defines the basic concepts that are used in all aspects of consumer credit legislation and simultaneously in this thesis. The second part follows, which deals with the historical development of consumer credit from its very beginnings, through the development of consumer credit legislation in Community law, to the development of consumer credit legislation in our legal system. In the third part of this thesis, I analyse the general legal regulation of consumer credit and related...
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Conduct of non-banking providers of consumer loans from the perspective of unfair competition
Chadimová, Barbora ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
1 Behaviour of non-bank consumer credit providers in terms of unfair competition Abstract The thesis deals with the issue of providing consumer loans by non-bank providers of consumer loans in terms of the correctness of their actions in selected areas of their activities. The aim of this work is to assess selected typized behaviour of non-bank providers of consumer loans in terms of the possibility of committing (both) unfair commercial practices and unfair competition. The author thus examines the behaviour of these entities in connection with their information duty and the duty to assess creditworthiness of consumers. In the area of information duty, it focuses more on the pre-contractual information obligation for non-bank consumer credit providers and the obligation for these entities to inform consumers of the annual percentage rate of charge. The subject of the thesis is also an assessment of possible concurrent responsibility of non-bank providers of consumer credit for committing unfair commercial practices and unfair competition. The sanctions provided for by the Consumer Credit Act are also taken into account. The author also describes the development of legislation in defined areas, where the work includes a comparison of current and previous legislation on consumer credit. The thesis contains...
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Legal regulation of consumer credit in the Czech republic
Stróžik, Lukáš ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
Legal regulation of consumer credit in the Czech republic Abstract This diploma thesis deals with the topic of consumer credit distribution in the Czech Republic. Recently, the European level of regulation of the provision and intermediation of consumer credit has undergone a major change. In connection with that also individual Member States had to transpose the revolutionary Directive 2014/17/EU which extends consumer protection to loans concerning real estate. This was executed in the Czech Republic by the adoption of the Act No. 257/2016 Sb., which came into effect on 1 December 2016. The paper is divided into four parts, in which the author describes and evaluates the current state of consumer credit distribution regulation. For this purpose, the provisions of the Act and their interpretation using accompanying documents are subject to analysis and evaluation of their conformity with the objectives of the regulation. The first part describes the historical context and development of consumer credit from the beginnings of the western civilization to the present state, focusing on the European Union as the originator of our national consumer credit legislation. The second part is devoted to general aspects of consumer credit provision, especially the scope of the Consumer Credit Act and other general...
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Regulation of consumer credit
Janeček, Miroslav ; Kohajda, Michael (advisor) ; Vybíral, Roman (referee)
Regulation of consumer credit Abstract (English) Consumer credit is a legal institute and an economic instrument that allows consumer to pay funds that he does not currently have, when purchasing goods or services. Its importance is significant in the consumer society, so its provision and distribution must be regulated. Paragraph 2 of the current Consumer Credit Act No. 257/2016 Coll. defines consumer credit as a deferred payment, a cash loan, credit or similar financial service provided or intermediated to the consumer. The subject of this rigorous work is the analysis of the current regulation of consumer credit in relation to the adoption of the new Act No. 257/2016 Coll., On Consumer Credit, which implements the Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property. The legislator decided to consolidate the regulation of consumer credit into one rule, so the new act also implements the Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers. The new act thus represents a complex regulation covering both the provision and intermediation of consumer credit and the rights and obligations arising from mortgage credit agreement and...
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Public law aspects of providing credits for consumers
Kodet, Aleš ; Vybíral, Roman (advisor) ; Karfíková, Marie (referee)
This paper deals with legal regulation of providing and mediation of credits for consumers with respect to public law. The most important goal of this regulation is to protect consumers. This thesis analyses an act, which came into effect about 1 year ago transposing a directive regulating credit agreements for consumers relating to residential immovable property and a directive regulating other credit agreements for consumers, evaluates its suitability, considers its imperfection and proposes appropriate changes. The paper is divided into 4 chapters according to the structure of the Act No. 257/2016 Coll. on consumer`s credit. The first chapter analyses what exactly shall be considered as the consumer`s credit and defines four essential features of a credit for consumers as it is construed in this Act. The second chapter deals with requirements for obtaining permission for those entities who apply for permission for providing or mediation consumer`s credits, describes possible structures of representation of these entities and potential offence liability, which can be imputed to the represented entity. This chapter also analyses functions of the register, conditions of qualification and deals with definition of credibility and its relation to other laws regulating business of other entities on the...
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Consumer credit.
Chudoba, Jan ; Liška, Petr (advisor) ; Eichlerová, Kateřina (referee)
This diploma thesis analyzes legislation governing consumer credit. In the recent past, a notable development has occurred in this particular area of consumer protection, especially in the field of European legislation. This development has also been reflected in the Czech legal system due to the necessity of transposing European directives. This diploma thesis describes the development of consumer credit legislation at European level starting with Directive 87/102/EHS and also by the Consumer Credit Directive and the Mortgage Credit Directive, which is the last legislative act of the Union legislator in this area and in the domestic legal system starting with Act 321/2001, following with Act 145/2010 and finishing with the current legislation by the Consumer Credit Act. The Consumer Credit Act contains a comprehensive regulation of the activities of providing and mediating consumer credit, regulation of entities operating on the consumer credit market as well as rights and obligations in the provision and mediation of consumer credit. The first chapter defines terms needed to understand consumer credit issues such as consumer, credit and consumer credit terms. The first chapter also contains a basic description of the issue of consumer protection, which, as a legal area, covers all areas of legal...
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Consumer credit and consumer protection
Petr, Tomáš ; Švarc, Zbyněk (advisor) ; Marková, Hana (referee)
The theme of this diploma thesis is Consumer credit and consumer protection. The aim of this thesis is to analyze the new Consumer Credit Act that brings substantial changes to the provision of consumer and mortgage credit. Author compares new act with the previous legislation and describes the development in past years. The diploma thesis compares selected bank and non-bank providers of consumer credit and evaluates the parameters of mortgage credit of these institutions. In the conclusion the results are summarised, and there is stated the recommendation for the consumer. The last part outlines the recommendations concerning chances to decrease the household indebtedness and increase the consumer protection on the consumer credit market.
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Analysis of consumer credit in the Czech Republic
Šlapáková, Zuzana ; Dvořák, Petr (advisor) ; Diviš, Martin (referee)
This diploma thesis deals with the development of the consumer credit market in the Czech Republic. The thesis is divided into two parts. The first part is dedicated to characteristics of consumer credit, its anchoring in the Czech legislation, its types, subjects in the consumer credit market and the credit approval process. The second part analyses the statistical data, shows the development of the consumer credit market and the development of the indebtedness of Czech households. The end of thesis contains an estimate of probable future development of this part of market.
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The indebtedness of Czech households in 2000-2015 and its macroeconomic context
Sovička, Lukáš ; Ševčík, Miroslav (advisor) ; Pekárek, Štěpán (referee)
The thesis is focused on the analysis of the macroeconomic relationships of the growth of indebtedness of Czech households in 2000 - 2015. The aim of the diploma thesis is to find the main causes of household indebtedness growth and to identify the influence of this process on selected macroeconomic variables. The theoretical part of the diploma thesis deals with money creation, monetary and fiscal policy, the role of money in economic cycles and economic theories of household consumption. The practical part focuses more closely on debt development, its structure and sociodemographic structure of indebted households. The thesis describes the causes of household indebtedness growth, impacts on selected macroeconomic variables, ability of households to meet their financial obligations and, last but not least, international comparisons with selected EU countries. The diploma thesis brings a comprehensive view of the debt of Czech households in the period 2000 - 2015. At the end of the thesis, it explains the main causes and consequences of the growing indebtedness of households, together with the international comparison and the sociodemographic characteristic of indebted households.
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