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Assessment of the creditworthiness of a consumer in insolvency proceedings
Tetera, Filip ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Assessment of the creditworthiness of a consumer in insolvency proceedings Abstract This diploma thesis deals with a creditor's obligation to assess a consumer's creditworthiness with due professional care before concluding a consumer credit agreement, or alternatively amending such an agreement consisting of a significant increase in the total amount of consumer credit imposed on the consumer credit provider by Act No. 145/2010 Coll., on consumer credit, or Act No. 257/2016 Coll., on consumer credit. Enshrining this obligation in the aforementioned laws is one of the manifestations of consumer protection in our legal system. The primary goal of this obligation is to protect the consumer, who, compared to consumer credit providers, certainly lacks professional, and in particular legal and economic, knowledge and experience in the field of consumer credit provision, as well being materially and personally equipped as regards disproportionate and reckless borrowing. Over-indebting of households negatively affects not only the consumer as an individual, on whom the negative consequences fall existentially, but also the Czech Republic as a state, and ultimately also creditors from consumer credit contracts, i.e. ultimately they are also protected by regulation and compliance with the obligation of providers...
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Consumer creditworthiness assessment
Kopecký, Tomáš ; Flídr, Jan (advisor) ; Liška, Petr (referee)
85 Consumer creditworthiness assessment Abstract This thesis deals with the pre-contractual obligation of consumer credit providers to assess the consumer's creditworthiness. The concept of creditworthiness is thoroughly and critically analyzed in four chapters focusing on assessing creditworthiness for consumer credit other than for housing purposes. The main objective of the thesis is supplemented by sub- questions set out in the introduction. These sub-questions reflect contentious issues arising from the case law of the ordinary courts, the European Court of Justice, and the Financial Arbitrator. An essential part of the thesis is therefore an extensive case law analysis, which helps to interpret many vague legal terms in national and European legislation. The thesis seeks to find solutions to interpretative ambiguities related to the topic. The opening chapter defines the concept and main purpose of implementing a creditworthiness institution. It also outlines the limits of the temporary restriction on the consumer's life (social conditions) when concluding a credit agreement. The end of the chapter concerns the requirement of due professional care and how to ensure its compliance by providers. The second chapter focuses on income, expenditure and means of meeting any existing debts - the criteria for...
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Spotřebitelské úvěry v podmínkách ČR
Machálková, Tereza
Machálková, T. Consumer credits in the conditions of the Czech Republic. Bachelor thesis. Brno: Mendel University, 2022. The bachelor thesis deals with consumer loans. The first part of the bachelor thesis is an analysis and comparison of legislation related to consumer credit and identify significant changes for consumers. The application part describes the development of household debt and the development of interest rates on consumer loans for housing and consumer loans other than housing. At the end of the work is a compar- ison of the development of credit Stages of three banks, which are divided according to IFRS - 9.
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Comparation of consumer credits on Czech market
KNĚZŮ, Jakub
The subject of this bachelor thesis is comparison of consumer credit offers on the Czech market. With help of the consumer credit, households have the opportunity to quickly come to the money for their purposes, for which they currently do not have enough funds. The theoretical part of this thesis defines the basic concepts related to consumer credits, including their acquiring. The practical part is defined by a questionnaire and 3 hypothetical situations with a final comparison of offers for these specific purposes.
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Housing Financing in the Czech Republic
HAVEL, Samuel
This thesis focuses on the comparison of possible housing financing and choosing the best variation given to developed data for a model case. It also explores possible housing financing such as mortgage loans, bridge loans and building savings. The theoretical part of this work presents housing, the current situation in the real estate market and the tax system.
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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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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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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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Over indebtedness of Czech households, its impacts and the ways of its prevention
Medová, Jitka ; Ochrana, František (advisor) ; Langr, Ivan (referee)
This diploma thesis deals with the issue of the over-indebtedness of Czech households, its impacts and prevention methods. There are theories of education and consumerist society theories applied as basic theoretical concepts. The thesis analyses the scope and the over- indebtedness ways in the Czech Republic, it describes the causes and the implications of over- indebtedness of households and possibilities or over-indebtedness solution via the form of the debt relief. One of the possibilities how to prevent the over-indebtedness is to increase the financial literacy. The publically political tool used by the state is the financial education within the primary and secondary school systems. There was carried out a research in a particular family struggling with the over-indebtedness within this thesis. There was described the indebtedness origin and the development, the subsequent over-indebtedness and the way how to solve it. It was also described how the education for management of family finances was carried out, what the educational level of the married couple is and what the financial literacy level is. There was a questionnaire research performed within a secondary integrated school based on this research. The aim was to find out the relation among the final receivers of financial education to...
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