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Recovery of Debts
Šestáková, Romana ; Urbášek, Vratislav (referee) ; Musilová, Helena (advisor)
The main subject of my bachelor thesis is a recovery of the outstanding claims, its methods and relevant legal instruments. A special part of my thesis is focused on the definition of the legal terms, e.g. Execution of the Resolution, Execution, Claim, etc. Furthermore, the comparison of the terms Execution of the Resolution and Execution itself is a part of my thesis. The legal position of the Executor as a relatively new institution on this field according to law of the Czech Republic also creates a special part of my work. The another part of my work contains the summary of the legal procedure of the execution and presentation of some practical examples.
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The Optimalization of Debts Recovery Procedure
Poláchová, Jana ; Lahoda, Miroslav (referee) ; Musilová, Helena (advisor)
Thesis pursue an aim to introduce reader to problem of unsettled debts, outline way of debts recovering at company ORKÁN plus, s.r.o. (L.t.d.) and draw up system of debts recovering procedure apllicable to consulting companies. Theoretic part of thesis defines a debt, shows certain stages of debt lifetime, and deals with 1) comparison of debts recovery procedure through court process (soud) and through (exekutor) 2) comparison of two basic ways of execution of a decision Analytic part of thesis consist of brief introduction of ORKÁN plus, s.r.o. (L.t.d.) company, analysis of present debts filing system at this company, then analysis of debts amortization and adjusting entries creation from tax and accounting standpoint, as well as analysis of company finance stability with regard to overdue debts. Part called „own proposed solutions“ contents recommended procedures of debts recovery and suggested improvement of present system of debts recovery procedure.
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Ensuring Business Obligations
Kaletová, Renáta ; Alizey, Farid (referee) ; Musilová, Helena (advisor)
This work is devoted to issues of law and ensure the enforcement of claims in commercial contractual relationships. Due emphasis was placed on individual ways of ensuring, in particular on the grounds that well-secured claims subsequently facilitate the recovery process.
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Executory Process - Selected Issues
Svědíková, Žaneta ; Moravec, Tomáš (advisor) ; Levý, Jan (referee)
The bachelor thesis deals with selected issues of enforcement proceedings - garnishee of wages and garnishee order. Attention is mainly paid to possibilities of legal protection of the debtor and third parties at the enforcement proceedings and the situation is viewed primarily from the perspective of the employee. The thesis is composed of four chapters and each of them contains analysis of important aspects of enforcement proceedings.
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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.
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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.
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Enforcement of judgement by selling of a real estate
Vyskočová, Pavla ; Kotoučová, Jiřina (advisor) ; Češková, Marie (referee)
This Bachelor's thesis deals with enforcement of judgement for pecuniary claim amount by selling of a real estate by executor. It describes general process of executory procedure and it's particular implementation in the case of selling real estate, selling of lien to a real estate and establisment of a executor right of lien. It also highlights changes of executory procedure established by amendatory acts č. 183/2009 Sb. a č. 286/2009 Sb. The main purpose of this thesis is to provide an overview about executory procedure and to analyse the current legal form.
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Exekuce a konkurz v ekonomickém životě
Štěrbová, Zdeňka ; Drozen, František (advisor) ; ¨Zatočil, Jiří (referee)
Diplomová práce se zabývá otázkou exekuce a konkuzu v České republice. V jednotlivých kapitolách je postupně probrána historie konkurzu a exekuce, dále je zde obsažena jejich chrakteristika.Také je vysvětlen průbeh konkurzního a exekučního řízeni včetně povinností a práv správce konkurzní podstaty a exekutora. V souvislosti s konkurzním řízením není opomenut důraz na rozdíly, které přijdou se zavedením nového insolvenčného zákona.V diplomové práci jsou rovněž obsažena statistická data týkající se jak exekucí tak konkurzů v jednotlivých letech.Majorita práce se věnuje analýze exekuce společnosti Setuza a.s..Doplňkem této anylýzy je ukázka průběhu fiktivního případu exekuce z pohledu exekutora.
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