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Právní aspekty timesharingu v cestovním ruchu
Kozová, Martina
Bachelor's thesis discusses about the impact of deceptive trade practices by timesharing companies on consumers. The theoretical part describes issues about consumer protection, unfair business practices, timesharing from the perspective of tourism, and juristic adjustment of timesharing both on Czech and European level. The practical part discusses the requirements of timesharing contracts and specific examples of unfair dealings by these companies. Furthermore, there are real cases of misled consumers that are exploered. At the end, there are some recommendations listed for consumers which advise on how to approach dealing with timeshares.
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Consumer credits - Revision of the Legal Regulation
Hulmák, Milan
The article concentrates on the news brought by the currently adopted consumer credit directive. From the consumer´s point of view, the fundamental change has proved to be creditor´s duty of assistance, duty to inform, duty to assess creditworthiness and consumer´s right to withdraw from a contract.
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Selected issues in financial market regulations
Spozdil, Jaroslav ; Daňhel, Jaroslav (advisor) ; Kutová, Karolína (referee)
This thesis aims to provide the reader with an overview and understanding of arbitration proceedings and conclusion of arbitration agreements within the context of the Czech legal framework. Arbitration clauses in various forms are often an integral part of trade agreements but are also regularly included in consumer contracts such as loan or insurance agreements. The first part of the thesis provides a general overview of the financial market regulation which serves as the common framework allowing various legal entities to operate within the local market environment. The topic of regulation is discussed within the second section of the thesis which is structured into 4 stand-alone chapters. These chapters describe the institute of arbitration, its requisites and the various forms of arbitration agreements while also analyzing the changes of the statutory legal framework in the context of the current amendment which came into effect in April 2012. The analysis of the arbitration clauses is especially consumer-focused, searching to elaborate on questions such as what consequences can entering into an arbitration agreement have on a subject in a legal relationship, what are the obligations stemming from entering into such agreement and what are the options of withdrawing from such agreements.
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The Rome Convention and the Rome I Regulation on the law applicable to contractual obligations with a special regard to consumer contracts
Jonášová, Barbora ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
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Legal Aspects of Consumer Credit Protection
Kovářová, Lucie ; Švestka, Jiří (referee) ; Salač, Josef (referee)
The main aim of the thesis is to analyze present legal regulations of consumer credit with respect to the present practice of courts and the practice of credit providers. For this purpose I use the analytical method, the descriptive method and the comparative method. The thesis itself is divided into nine closely related parts. The beginning of my thesis deals with general questions. The first chapter gives general comment on credits. The second chapter focuses on the most important legal rules related to the topic. This is especially The Commercial Code, The Civil Code and the laws on consumer credit. The section 262, subsection 4 of The Commercial Code is of the particular importance. The chapter three looks at the implementation of the Directive 2008/48/ES, which has been adopted in the Czech environment as the law on consumer credit (145/2010 Coll.). This law will replace from the 1st January 2011 the law 321/2001 Coll. which regulates the consumer credit nowadays. The main part of the thesis is focused on the process of entering into the contract and the necessary requirements which are imposed on the contracts by the Commercial Code and by the laws on consumer credit: 145/2010 Coll. and 321/2001 Coll. The chapter five deals with the means of security. The emphasis is put on practical...
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Consumer loans and their impact on the debtor´s social situation
KOKEŠOVÁ, Petra
The bachelor's thesis entitled Consumer credits and their impact on the social situation of debtors investigates the causes and consequences of entering the credit contracts. Borrowing money becomes a risky phenomenon and has a very negative impact on the society. The theoretical part of the thesis describes the legal regulation of consumer credits and motivation of persons to enter them. It describes the causes leading to inappropriate indebtedness of persons, being normally not able to get a credit in view of their income. It refers to the facts stated in the business terms and conditions and practices of sellers and companies. Thanks to arrangements in the business terms and conditions which are an inseparable part of the contract and which are accepted by signing by the client, it may be agreed that a not paid claim may be ceded to a lawyer's company for collecting. In such a case, the debtor is obliged to pay also the costs of legal representation. The occurred claims are increased considerably by the court or arbitration proceedings. The people's low knowledge of this issue is confirmed also in the conclusion of bachelor's thesis. In the practical part of the research, three research questions were formulated: 1) Do the respondents use the consumer credits for the necessary subjects or services? 2) Does the company elaborates a financial plan for the borrower to estimate if he/she will be able to meet its obligation? 3) What impacts had exacting the claim on the social situation of the respondent or its family? 8 persons utilizing the services of Consulting Centre ? Equal Chances for Everybody operated by Jihočeská Růže o.s. took part in the research. The talks were performed individually and anonymously. The qualitative method of questioning and analysis of contents of documents deepening the research were applied. These documents were 315 credit contracts from a non-banking company which are handed over for collecting to a lawyer's office. The task of this thesis was to find out if the persons entering credit contracts behave maturely, if they think about the consequences of this behavior; if the inability to pay occurs only for external reasons or if these persons act rashly with the target to satisfy their momentary needs. The thesis shall research the purpose for which the households are inclined to enter credit contracts. I deepened this research also by the analysis of not paid credit contracts. By means of interviews with respondents I tried to describe the consequences of the financial burden of repayment of the claim on their life or life of their family. It was confirmed by the research that the concern are less necessary and more expensive goods. Lower share represented the credits for standard equipment of households. These goods were mostly electronics as notebooks and TV-sets. The talks with respondents confirmed also the statement that the credits are also used to pay the debts of another creditor. The respondents, who are not able to meet their obligations do not create any financial plans. This shows the low responsibility rate of these persons. Before entering the contract, they do not compare the products and do not ask about credit parameters. The research confirmed the prognosis of experts. The financial burden had a negative impact on the life of the family resulting in consideration of divorce. The respondents had negative psychological consequences manifested in the form of stress and depressions. The financial burden caused by collecting claims resulted in several cases in the inability to pay further obligations as e.g. housing. In one case, economic and cultural limitation occurred.
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Proposal Recommended Procedure for Selecting a Credit Products for Physical Clientele
Sadílková, Květa ; Hricová, Daniela (advisor) ; Olga, Olga (referee)
The subject of the thesis Proposal recommended procedure for selecting a loan product of clients is analyzing forms of consumer credit provided to the client, evaluation and suggest optimization using a specific choice of bank and non-bank credit or loan in deciding client. The theoretical part defines the concepts of credit products, natural clientele, creditworthiness and credit registers. The issue of financing of natural persons pursues the factors that influence decisions, evaluations and indebtedness of clients. In my thesis, I also mentioned about the various types of credit registries, including information links on the subsequent granting of a loan to the client. The practical part is the description and comparison of various types of consumer contracts, provided banking and non-banking institutions. Based on the analysis of consumer contracts are found common factors and differences and then advantages and disadvantages of these contracts. This comparison is also the basis for the proposed solutions to the financing needs of individuals, particulary to optimize the selection of consumer credit products provided either banking or non-banking institutions for clients - loan applicants in the form of recommendations for applicants. In the practical part there are used personal experiences both in terms of several years of work in sociological research company, and in several activities of a credit counselor in financial institutions.
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The Consumer Loan Contract and its Securing by Suretyship
Janebová, Lucie ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The Consumer Loan Contract and its Securing by Suretyship As is self-evident from the title of the thesis, the subject matter of the thesis is the analysis of the concept of consumer credit and the securing thereof through suretyship. The starting point of the thesis was the newly-adopted Consumer Credit Act, which came into force on 1 January 2012. The aim of this thesis is to acquaint its readers with the relevant legislation, point out its shortcomings, and analyse the concept of suretyship as the most typical instrument used to secure consumer credit obligations, thus giving the reader a full picture of these legal concepts. The thesis is divided into nine chapters. The first chapter describes a contractual relationship under the credit contract, which is governed by legal regulations similar to those governing a consumer credit contract or a loan contract. This chapter analyses the essential terms of a credit contract, its origination and termination. Also analysed are the differences between a credit contract and a loan contract under the Civil Code. The second chapter describes the history of the consumer credit concept, in both domestic and European contexts. Particular emphasis is given to the individual directives of the European Community, currently the European Union, since they are of...
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Solutions of disputes in the area of consumer contracts
SEKANINOVÁ, Božena
The aim of this work with a title Solution of disputes in the area of customers contracts was desribed, analyzed and compared economic a legal aspects, advantages and disadvantages by the solution of customers contract in the arbitration and in the lawsuit. Next aim was comparison the czech law with the law in Slovakia, when it was turned to the arbitration and disputes in the area of customers contracts. Then there was desribed and analyzed the problems of the arbitration centre position and the custumers contrancts with arbitration clause, according to the law effective before and after the day of the 1 st April 2012. In conclusion there was defined some changes in legislation.
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