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The institution of discharge with regard to a revising amendment of the Insolvency Act
Taterová, Pavla ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of this thesis is to put an interpretation on the institution of discharge with regard to an approval of the Act No. 294/2013 Coll., which changes the Act No. 182/2006 Coll., on decline and its solution strategies (Insolvency Act) and the Act No. 312/2006 Coll., on insolvency administrators (hereinafter referred to as "revising amendment"), to compare the amendment before and after its taking effect, with a main focus on discharge for entrepreneurs and individuals whose debts come from entrepreneurship, and on discharge for spouses. The thesis is divided into five chapters. The first chapter sums up the development of insolvency proceedings and insolvency law from Roman times to the present day. Thanks to this overview, the reader can see that insolvency proceedings and insolvency law are not only contemporary issues and owing to this, we are also able to map the development which led to the Insolvency Act as it stands. The main topic of the second chapter is decline and its solution strategies. As to the decline, I describe its two basic alternatives, insolvency and over-indebtedness. I mention also the imminent decline, which is followed by division of decline solution strategies into rehabilitation and liquidation, offering a brief specification of each of them. The whole third chapter...
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The Currents Problem of Over-indebtedness and its Social Consequences
Dosedlová, Tereza ; Krahulcová, Beáta (advisor) ; Zelinková, Olga (referee)
The bachelor thesis Current Problem of Over-indebtedness and its Social Consequences provides the reader insight into a relatively new and still more topical socio- economic theme . Live in debt author considers as main problem related to indebtedness and explains it as a high-risk societal phenomenon. Attention is focused on the person, who may be, or already is acutely affected by this issue . Such a person is always individuality but absorb the features of its cultural background. The theoretical part deals with the use of live resources which can be understood as money, natural wealth or personal potential. The methods of their use always depends on the habits of the whole social environment in which the debtor lives . The last part provides six living testimonies of the people who are affected by the Over-indebtedness right now.
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Debt trap: possible solutions of debt problems
Juppová, Tereza ; Angelovská, Olga (advisor) ; Ochrana, František (referee)
The thesis "Debt trap - the possibility of resolving the debt issue " is concerned with how the public policy of the state responds to the increasing indebtedness of Czech society and that address the causes and consequences of this debt. Features a history of borrowing money and significant impact on society interest in history and in the present. It also shows what causes can lead to debt and the consequences of over-indebtedness bears. Specific cases of clients with debt issues provides a chapter on the social counseling (Občanská poradna Plzeň - Citizens Advice Bureau Plzeň), which among other increasingly engaged in consultancy in the field of debt. The main part is the analysis of public policy events - it is a holistic approach to policy examined, the selected aspects, events, actors, goals. The analysis traces the development of indebtedness of Czech citizens and state intervention and non-state actors in this issue. Also evaluates the actors in this issue shows the complexity of the process of recognition of a social problem and highlights the influence of public interest and political culture of the state in the implementation of public policy. In conclusion, given the public attitude to the issue of debt in the Czech Republic.
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The Rights and Duties of natural Persons during Proceedings on Discharge of the Debt
Šůsová, Táňa ; Frintová, Dita (referee) ; Smolík, Petr (referee)
The rights and duties of natural persons during proceedings on discharge of the debt Abstract The main aim of the thesis is to describe the institute discharge of the debt that is defined in the Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The thesis analyses the discharge of the debt from the perspective of the debtor, natural person. The thesis presents a status of the debtor, his rights and duties during insolvency, respectively presents the discharge debtor of his debt. The purpose of the thesis is to describe valid legal regulation, the description of the court decisions in the use of the Insolvency Act, the expert's opinions and the problems with the imperfection of the Insolvency Act, in the part of the discharge of the debt. In the first part, the thesis characterizes the history of the insolvency act and discharge of the debt in the Czech countries since 18th century. Next chapter defined some terms for the thesis important. Specifically, there is defined the term of the debtor. With regard to the discharge of the debt as one of debt-eliminating modes of solving bankruptcy of the non-businessmen's person, the thesis analyzes the term of non-businessmen's person in one of the subchapter. There are defined next terms, guarantor, co-debtor, the term of husband or wife of...
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Discharge from debts focusing on discharge from debts for spouses
Sedláčková, Magdalena ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis is to analyze the institute discharge of the debt as the way of solution of bankruptcy according to Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The thesis concerns all the phases of the process of discharge of the debt, from the proposal of permission of the discharge of the debt until its accomplishment. The thesis focuses on relevant legal regulation and case law. I also present the institute of discharge of debt of husband and wife which is quite often used without any legal support. The thesis is divided into five chapters. The Chapter One deals with the proposal of permission of the discharge of the debt. It examines particularly the subjects who are authorized to submit it and possible decisions of the court including the reasons for its dismissal. In the next Chapter I investigate two possible ways of discharge of the debt, the liquidation of the debtor's assets and monthly payment of a specific amount. For each type the affected assets and advantages and drawbacks for the debtor are described. The possibility for creditors to vote about type of discharge of the debt is also discussed. The Chapter Three relates to the decision of approval of discharge of the debt which has specific essentials and effects and means a lot of duties for the...
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Discharge of debts in case of community property
Tomáš, Michal ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Discharge of debts in case of community property Debt discharge is in Czech legal order relatively new legal institution and its application still gives rise to a number of questions and doubts. This work primarily focuses on situations when the discharge of debt concerns the community property. It means on one side the common discharge of spouses and on other hand discharge of debts of married debtor, whose spouse did not petitioned to permit debt discharge. We also concentrate on personal scope of debt discharge institution, mainly because it is not clear, whether the entrepreneur can also take advantage of debt discharge, or not. Further we would like to point out that present valid and effective articulation of the Insolvency Act does not include institution of common debt discharge of spouses, which has been created by insolvency courts but its application has not been unified. It is also not clear how would be the spouse of debtor who filed a petition to permit debt discharge and their community property affected by the discharge procedure, when the spouse of the debtor is not party to a case. We also deal with a problem, how should creditors file the applications of the receivables against the spouses and how to review these receivables, when the statutory regulations are missing and the...
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Discharge of debts as a remediation method of resolving insolvency
Srnková, Veronika ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
This thesis approaches discharge of debts as a remediation method of resolving insolvency. Discharge of debts is a second chance for people who are unable to repay their debts. This method of resolving insolvency is not suitable for all borrowers, applies only to persons non-entrepreneurs who have regular income from which they can regularly pay their debt repayments. The remediation method of resolving insolvency is thus that the borrower is in compliance with all the conditions laid down by the Insolvency Act exempted from payment of the remaining liabilities because only paid proportionally.
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Proposal for Debt Collection Improvement in the Enterprise
Hrbáčková, Kristýna ; Němeček, Božetěch (referee) ; Musilová, Helena (advisor)
This bachelor thesis is focusing on enforcement of overdue receivables. In theoretical part are explained terms connected with receivables ensuring and enforcement. There are also described different methods of enforcement receivables according to the Civil Procedure Code and Enforcement Regulations. In the analytical part are presented basic information about the company and present status of receivables and their analysis. The thesis includes suggestions for more efficient receivables enforcement.
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Proposal for Debt Collection Improvement in the Enterprise
Drlíková, Michaela ; Zatloukal, Stanislav (referee) ; Musilová, Helena (advisor)
This bachelor´s thesis deals with ways of indentemity and debt collection in company DOLS-výroba Dveří, Oken, Listovních Schránek, a.s.. The work is divided into three basic parts: theoretical and analytical part and my own suggestions of solution. The theoretical part will summarize the topic of legal, accounting, tax and economic terms. The analytical part will analyze debts of the company and will discuss ways of indentemity and debt collection. In the last part the appropriate solutions to improve the situation with debts are proposed.
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Proposal for Debt Collection Improvement in the Enterprise
Goliášová, Kateřina ; Randýsková, Milena (referee) ; Musilová, Helena (advisor)
Bachelor thesis deals with the issue of debt collection. The theoretical part defines the basic information related to this issue. Receivables are analyzed from the tax, accounting and economic terms. Analytical part is focused on the business entity and describes the actual method recovery and securing of receivables before and after maturity. At the conclusion are designed the hedging instruments and appropriate measures for more effective recovery these claims.
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