|
|
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.
|
|
|
Insolvency citizens of the Czech Republic
MATĚJKOVÁ, Michaela
The aim of my bachelor´s thesis is to map the situation of loan defaults by the Czech citizens. The theoretical part deals with the concept of insolvency. It is devoted to the description of the insolvency proceedings, the insolvency court characteristics and the characteristics of personal bankruptcy. Finally, the theoretical part is focused on the executors practise when loan aren´t repaid. The practical part aims the insolvency survey of the Czech citizens over 18 years old. Furthermore, the insolvency was compared according to sex, age, educational attainment and social status. Finally, it was investigated, how well are these respondents financially literate and if the lack of financial literacy affects the insolvency of surveyed ones.
|
|
| |
|
|
Analysis of House Prices in Relation to Ongoing Changes in Society
Kotula, Daniel ; Syrovátka, Oldřich (advisor) ; Došek, Marek (referee)
The goal of this diploma is based on the observed data and current developments in the property market, combined with data showing household income and expenses, to predict future trends in the property market. By comparing the value of real estate, rent prices in selected locations with revenue and costs for different income groups, we find when individual income groups are able to buy or rent property and under what conditions. Result of this work is to describe six future trends.
|
|
|
Professional Social Guidance to Insolvent Clients in České Budějovice
CÁBOVÁ, Markéta
The number of indebted people has been increasing recently, as well as the number of people who are not able to settle their debts falling into the debt spiral. When directly threatened by execution they turn to social service organizations dealing with debt issues hoping for their help. The goal of the thesis is to describe the issues of indebtedness in České Budějovice micro region. The aim of the work was to map the system of expert consultancy and the methodological process procedures in providing services to indebted clients in organizations providing debt consultation in České Budějovice.
|
|
|
Consumer loan and activities of judicial executor
Lovecký, Michal ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
The Bachelor's Thesis deals with consumer loan and activities of judicial exekutor. These two areas are linked by debt collection process which starts with the first delay of consumer loan installment and ends by distraint. The priority of the Thesis is to describe activities of judicial executor, his authorities, legal definition and to compare how far theory match practice on particular case. The Thesis also deals with legal definition of consumer loan, advanteges and disadvanteges of this product and types of sanction. To complete process of debt collection the Thesis also describes extrajudicial debt collection and its most common methods.
|
|
|
Executory process in practise
Čepelková, Sabina ; Smrčka, Luboš (advisor) ; Schönfeld, Jaroslav (referee)
This bachelor's thesis deals with issue of execution against Czech household's property. The main goal is to provide the reader with a guideline how to solve already existing execution or if it is expected to be an execution in the future by entrusting the administration of debts to a private legal entity. In the theoretical part of this bachelor's thesis I am explaining key concepts which are related to this issue, then this part contains of enumeration of existing types of execution, the methods how they are fulfilled and the development of executory process. Following chapter deals with development of Czech household's indebtedness from the year 1990. In the practical part concrete cases of debtors are mentioned and described with their solution, which was done by the company CS Finance limited.
|
|
|
Debts of citizens and their consequences
Kristejnová, Veronika ; Smrčka, Luboš (advisor) ; Zámečník, Petr (referee)
This thesis is concerned how people can handle with their finances with a focus on the use of credit products, debts and the potential impact of debts. Consequences of default are efforts of creditors to get money back, whether through specialized companies or judicial executor. The thesis deals with enforcement proceedings and then with insolvency proceedings. So what are possible solutions of debtor's situation if debtor is unable to pay his obligations. Bankruptcy and debt relief is described. There is also a survey that examines people's attitudes to manage their money, to advertisement for credits, whether people borrow money and have repayment problems. In conclusion there is recommendation how to repay your debts, how to deal with debt responsibility, and there is also a very discussed topic about financial literacy.
|
|
| |
|
| |
guest ::
