|
|
Community of property and its seizure attachment
Maxa, Hubert ; Dvořák, Jan (advisor) ; Selucká, Markéta (referee) ; Salač, Josef (referee)
The community of property stands out as a key institution of matrimonial property law, but at the same time it is a very specific type of common property; it is the community of property that gives the marriage an indispensable property basis after all. The establishment and subsequent building of a family background simply cannot be done without property. The civil law tries to strengthen the security of the spouses in the area of property in every possible way, in particular by the broadness of the concept of community of property. In the name of marriage, all assets acquired by one or both spouses during the marriage fall within the scope of the community of property, with the exceptions expressly provided for by law. However, during the marriage, the spouses do not only acquire assets but also enter into obligations which give rise to debts. Whether the debts are debts common to both spouses or only of one spouse, they can often be satisfied by means of the marital property. The attachment of the spouses' community property means a more or less substantial interference with the matrimonial property base. The legislation therefore seeks to respond adequately to this phenomenon, and therefore differentiates between the various debts in order to protect the community property or the non-debtor...
|
|
|
The role of civil society in tackling indebtedness, with an emphasis on citizens' advice centres
Neckářová, Věra ; Legnerová, Kateřina (advisor) ; Muhič Dizdarevič, Selma (referee)
The presented work deals with the role of civil society in solving indebtedness with an emphasis on civil counselling. It captures civil society organizations as an important part of society that operates between the state, the market and individuals. It describes the development of the issue of indebtedness in the Czech Republic. It maps the emergence of citizen advice and the development of the way citizen advice in general and more specifically in the area of debt issues. It describes the main actors in the field of debt solutions who operate among civil society organizations from the point of view of civil advice.
|
|
|
The debt traps from the point of view of social work
ELEZI, Jana
The debt traps from the point of view of social work Abstract This diploma thesis covers the topic of debts in Czech households not only as a negative social phenomenon but also as a "lifestyle" nowadays, mainly because we have been witnessing an increase in falling in debt, in inability to pay it back and in distraints. The thesis points out the biggest issues, risks and consequences of this phenomenon. At the beginning of a debt spiral, there is not only a need and satisfaction but also large marketing which is focused on vacations, electronics and, last but not least, the "favourable" loans. People get into the debt spirals mainly through a number of loans when the new ones are used to pay back the old ones. The newer loans are less favourable than the previous ones and therefore, the cost of the loans increases. Such situation is unmanageable in the long term and results in an inability to pay back the individual loans, in distraints and often even in personal bankruptcy. The theoretical part of the thesis covers the basic terminology, e.g. debtor, creditor, loan, distraint, and addresses causes typical for the topic of depts. The diploma thesis concerns itself not only with people who found themselves in the debt trap, but also with debt-relief companies which, in the debtors' point of view, require quite large fees. The thesis also mentions non-profit organisations and social workers who aim to resolve the debt problem through social work and services and to alleviate the situation. The practical part of the thesis was carried out by a qualitative research strategy and the technique of semi-structured interviews. The structured dialogues were completed with interviewing and the data were processed by the pencil-and-paper method. The thesis points out individual causes which lead the informants into debt traps. There are causes of falling into debt, apparent from the dialogues, such as losing a job, breaking up with a partner, family matters, entrepreneurship or financial illiteracy. Through mapping, a significant lack of informants' knowledge about social work and services in connection with debts has been discovered. The main merit of this thesis is collecting and providing information about factors which lead the informants to debt traps and to utilizing social work and services. These factors can be used by non-profit organizations for setting up effective public relations, i.e. for preventing intensification of debt traps. The thesis can also serve as an educational and preventive material about the topic of debts, connected to social work, and not only for students but for the public as well.
|
|
|
The role of a social worker in debt counseling
HANÁK, Radek
This undergraduate thesis describes the role of social worker helping elder citizens in debt. The most common cause of debt for seniors is their will to help to close relatives. Senior citizens are often victims of scammers who force them to buy unnecessary goods. Seniors often do not realize their financial situation and they fall into debt. If a distrainor is involved, it is a race with time due to the risk of loss of property and real estates. There is a chance for a return to peaceful life thanks to the Insolvency law as their debts can be eliminated after a 3 year period. There are strict conditions to fulfill hence it is suitable to discuss the situation with social workers specialised in the field of debts.
|
|
|
Causes of Long-term Unemployment in Strakonice
KOCOURKOVÁ, Irena
The aim of this bachelor thesis is to find out the causes of long-term unemployment of clients registered at regional branch of the Labour office of the Czech Republic in České Budějovice, at the contact workplace in Strakonice, in connection with the situation when the number of job vacancies at the labour market exceeds the number of job applicants registered at Labour offices of the Czech Republic. The impacts of long-term unemployment will be analysed following these problems, and their possible solutions will be suggested. The theoretical part of this bachelor thesis deals with the division of employment policies, kinds of the unemployment, possible causes of long-term unemployment, non-insurance social benefits, which are related to unemployment, projects of ESF for long-term unemployed people and the impacts of unemployment for both the individuals and whole society. The terms such as job applicant, unemployment benefit, contribution period, unemployment, rate of unemployment or the percentage of unemployed people within the population aged between 15 and 64 years, distraint, adverse medical condition of a job applicant and so on, are explained. The practical part of the bachelor thesis deals with the evaluation of set hypothesis by means of quantitative research strategy. The research was done using the research survey with clients (job applicants), who are registered at the regional branch of the Labour office of the Czech Republic in České Budějovice and at the contact workplace in Strakonice, for a long time. Two hypotheses were formed based on the set aim. We can deduce from the results of the research, that the cause of long-term unemployment of clients, is the adverse medical condition, not the distraint. In the conclusions of the practical part, there are mentioned possible options for solution of long-term unemployment of clients, who are at a disadvantage because of health restrictions, or they are affected by the distraint.
|
|
|
Indebtedness of families and individuals in the Czech Republic and its impacts.
ANTLOVÁ, Romana
The diploma thesis contains an evaluation of the economic situation in the Czech Republic as seen by the public and an evaluation of the income of their own household. For this purpose, data obtained from surveys of the non-profit institute STEM and data of the Czech Statistical Office were used. This is followed by a section on debt, why people are indebted, what are the reasons why they are unable or unwilling to repay. Another part of the work is devoted to ethical insight. The following part is devoted to psychological impacts having a significant impact on human health and factors supporting health and resistance. The last part is devoted to the impacts of social and social assistance. I relied on scientific literature and related electronic resources.
|
|
|
Protection and defence of the debtor in execution and in judicial enforcement of judgement
Zimmermann, Jaroslav ; Střeleček, Tomáš (advisor) ; Zahradníková, Radka (referee)
Protection and defence of the debtor in execution and in judicial enforcement of judgement Abstract This master's thesis focuses on the protection and defence of the debtor in execution and in judicial enforcement of judgement. It aims to provide a comprehensive discussion of the above mentioned issue and to highlight its shortcomings and debatable areas, while taking into account the differences between execution and judicial enforcement in terms of protection and defence of the debtor. The work is divided into three thematic parts, each of which is further divided into individual chapters and subchapters. The first part deals with the historical and general background of the protection and defence of the debtor. Modern history is not only important for tracing the development of particular legal provisions across historical events, but it is also a resource for a better understanding of contemporary law. General starting points in the form of constitutional foundations and procedural principles provide the terminological core of all subsequent parts of the thesis. The second part deals with some general instruments of protection of the debtor. The core area of this part, however, is the manifestations of the protection of the debtor in the context of execution and judicial enforcement. For the sake of...
|
|
|
Enforcement of non-pecuniary performance by court or private enforcement officers
Lambertová, Magdalena ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Enforcement of non-pecuniary performance by court or private enforcement officers Abstract The subject matter of this diploma thesis is a description of enforcement of non-pecuniary performance by a court or private enforcement officers. Thesis emphasize the importance of effective civil law enforcement in the state and focuses on the important role of the private enforcement officers in this specific kind of civil procedure. Enforcement proceedings, or at least the threat of application of its provisions to obligors who do not comply voluntarily, guarantee that enforceable court decisions are legally binding and have legal consequences, as such these are not mere declarations of the participant subjective rights, but can be enforced by the power of a state. The first chapter of this thesis defines basic distinction of two different nevertheless similar legal procedures which are civil law enforcement by a court and civil law enforcement by private enforcement officers. It deals with the basic differences between these two types of legal enforcement proceedings and the specific position of the private enforcement officer in the system of justice, who is simultaneously executing public authority and is also an entrepreneur with the intention to make a profit. The second chapter of this thesis describes the...
|
|
|
A comparison of enforcement proceedings conducted by certified
Pátíková, Tereza ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The theme of my thesis is to compare legal regulations of two fundamental institutions used for compulsory fulfilment of obligations. It comprises the execution of a decision pursuant to Part Six of Act No. 99/1963 Coll. Civil Procedure Code, and the execution pursuant to Act No. 120/2001 Coll. On Executors and Execution Proceedings. The purpose of the thesis is to compare the fundamental legislation with emphasis on their differences and investigating the advantages and disadvantages of both procedures. This is a hot issue, particularly with regard to the forthcoming amendments to both institutions. The work focuses on the legal regulation in force, but it also offers a comparison with the amendment mentioned above, which is going through the legislative process in Parliament of the Czech Republic at the time of preparing this thesis. The thesis is divided into eleven chapters. The first chapter gives an introduction to the problems of both proceedings and presents the fundamental legal regulation and their mutual relationship. The next two chapters deal with the position of an executor in execution processes and the role of a court in the execution of both decisions and executions. Chapters four to ten deal with the individual phases in the two proceedings. It is especially the alteration to...
|
|
| |
guest ::
