|
|
Indemnity and Debt Collection in the Case of a Sole Trader
Ošlejšková, Anna ; Kristián, Petr (referee) ; Musilová, Helena (advisor)
This bachelor thesis deals with the problematic of security and enforcement of claims after the due date. Theoretical part works with notions like claim, debtor or creditor. Further of it deals with creation, cover, enforcement and extinguishment of a claim. In terms of enforcements it distinguish out-of-court and court settlements. Lastly it deals with economical, accountant and tax aspects of a claim. The analytical part contains an analysis of economical situation of the chosen contractor. Further of it analyzes his claims after the due date, which were created, in a selected period, during his commercial activity. The final part set measures, which could lead to improve of cover and enforcement of claims after the due date.
|
|
|
Proposals to Improve Debt Collection in a Business Entity
Šubr, Vojtěch ; Weiss, Lukáš (referee) ; Musilová, Helena (advisor)
Bachelor thesis deals with the enforcement of collections and debt security. In the theoretical part, the author defines the basic concepts from a legal, accounting, tax, and economic point of view. The theoretical part is the foundation for the rest of the work. In the analytical part, the author processes the collections analysis of a particular entrepreneur. Furthermore, the procedures for enforcement of collections and the institute of their securing are captured. The subsequent part contains suggestions to improve the current situation.
|
|
|
Analysis of Debt Collection in the Zemědělské družstvo Hrotovice, družstvo
Pelánová, Jana ; Navrátil, Vladimír (referee) ; Musilová, Helena (advisor)
This bachelor work focuses on the issue of security and the recovery of claims after their due date. The theoretical part concerns the creation of claims, their security, statutes of limitations and liquidation. The main part aims to clarify the essence of extra-judicial and judicial recoveries of claims. These claims are seen from the accounting, tax and economic perspective. The analytical part characterizes the selected business subject and features analysis of current securities and recoveries of claims after their due date. The final part of this work includes the most suitable arrangements for increasing the efficiency of methods of recovering claims and suggestions for improving their security.
|
|
|
Cover promissory note / Cover bill of exchange
Mařík, Jakub ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
Cover promissory note / Cover bill of exchange Abstract The diploma thesis focuses on the topic of a cover promissory note (also meant cover bill of exchange), currently referred to as a secured promissory note in practice and jurisprudence. The aim of the thesis is to provide a qualified answer to the question of whether the cover promissory note is of a secured nature or whether it is a consolidation instrument. This raises the further question of whether it is justified to call this instrument a secured promissory note. To achieve the aim of the thesis, the sub-features of the cover promissory note are analysed, which provide the basis for a qualified answer to the research question. The thesis is divided into eight chapters. A brief historical introduction in the first chapter serves to clarify the promissory note context. A significant contribution of this thesis is a comparison of the treatment of the domestic cover promissory note with the Anglo-Saxon cover promissory note, including an explanation of the differences in the acquisition of the promissory note. For background, the second chapter introduces the general promissory note concepts of the Anglo-Saxon promissory note law. The law of the cover promissory note is a combination of the law of bills of exchange and the contract law. The...
|
|
|
Proposals to Improve Debt Collection in a Business Entity
Šubr, Vojtěch ; Weiss, Lukáš (referee) ; Musilová, Helena (advisor)
Bachelor thesis deals with the enforcement of collections and debt security. In the theoretical part, the author defines the basic concepts from a legal, accounting, tax, and economic point of view. The theoretical part is the foundation for the rest of the work. In the analytical part, the author processes the collections analysis of a particular entrepreneur. Furthermore, the procedures for enforcement of collections and the institute of their securing are captured. The subsequent part contains suggestions to improve the current situation.
|
|
|
Transfer of a right as security
Žižková, Kateřina ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The subject-matter of this thesis is the transfer of a right as security. The thesis is focused mainly on the history of the transfer of a right as security, its regulation in Civil code 2012 and it highlights the fundamental changes compared to its regulation in Civil code 1964. The regulation of the transfer of a right as security underwent considerable changes in Civil code 2012. However, the usage of this instrument in practice, compared to other security instruments, is not so common. The fault is primarily with the insufficient regulation in the Civil code 1964 which has led to extensive discussions on this topic in the past as well as restrictions by the Supreme Court. The main aim of this thesis is to evaluate the benefits of the regulation of the transfer of a right as security in Civil code 2012 as compared to 1964. Introductory chapters are dedicated to general issues of the law of obligations, focusing on changes of the basic terms. Other chapters include historical development of the institute and evaluate the applicability of the existing jurisprudence in light of the Civil code 2012. Following chapters deal with the issues of formal and content requirements for the contract on transfer of a right as security. Next chapters describe the process of realization of the transfer of right...
|
|
|
Suretyship and financial guarantee
Kašparová, Michaela ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Suretyship and financial guarantee - abstract As a topic of my Thesis I chose two civil and earlier also business law institutes Suretyship and Financial guarantee. I have analyzed the actual meaning of the debt security and its legal instruments in first part of my paper. There was a significant change in the Czech legal order since the new civil code came into power. Before the change, the institute of Suretyship was referred to in the "old" civil code Law no. 40/1960 Coll. for civil right purposes and in business code Law no. 513/1991 Coll. for business law purposes. After the recodification of private law, all legal obligations are now jointly in the "new" civil code Law no. 89/2012 Coll. The second part of my paper was dedicated to an analysis of this change and its impact. I went thru the effective legal treatment of the debt security, explained the effective debt security legal system in the civil code (analyzed the general provisions joint for all security institutes) in the next chapter. Furthemore, I dealt with the first of the security institutes being the topic - suretyship. First, I explained the meaning historical evolution since the Roman law, thru middle age, Austria-Hungary and the last century till today. Afterwards I dealt with the basics of suretyship, focused on the main differences...
|
|
|
Lien as an Instrument for Securing Debt
PAVLŮ, Anna
The Institute of lien is often used by banks.It's the way to secure the repayment of the claim. The creditor can be, in case of defaults, satisfied by the monetization of the pledged thing. Empirical research was carried out by two types of questionnaire surveys. The first type was for consumers and the second one was for institutions providing loans. Both questionnaires were focused on mortgage loans and their specification e.g. the most requested amount or the most frequent repayment period. The results of the first questionnaire show that there is 13,6% unsuccessful mortgage loan in surveyed sample. Banks were asked about situation of a debtor's default, especially which steps the bank will take.57,1% of them said that there is 0-3% of mortgage loans which ends with an execution, rest of them answered 0-4%. Most of the respondents said that 0-3% of mortgage loans ends in auctions.
|
|
|
Securing and Corroboration of the Debt in Practice
KLOCHKO, Viktor
This thesis is dedicated to the issues of securing and corroboration of the debt, which are based on the Law No. 89/2012. Aim of the work is analysis of debt securing and corroboration law in the Czech Republic, brief overview of the international practice in two chosen countries (Russian Federation and Ukraine) as well as comparison between the analysis and the real practice of the chosen enterprise. Output of the work is a particular set of measures for the enterprise in field of debt securing and corroboration. While the first part explores the overview of the effective legislature and professional literature and second part represents analysis of the legal practice in the Czech Republic based on the questionnaire and interview research data, the third part describes and subsequently analyses practice of the chosen enterprise.
|
|
|
Transfer of a right as security
Žižková, Kateřina ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The subject-matter of this thesis is the transfer of a right as security. The thesis is focused mainly on the history of the transfer of a right as security, its regulation in Civil code 2012 and it highlights the fundamental changes compared to its regulation in Civil code 1964. The regulation of the transfer of a right as security underwent considerable changes in Civil code 2012. However, the usage of this instrument in practice, compared to other security instruments, is not so common. The fault is primarily with the insufficient regulation in the Civil code 1964 which has led to extensive discussions on this topic in the past as well as restrictions by the Supreme Court. The main aim of this thesis is to evaluate the benefits of the regulation of the transfer of a right as security in Civil code 2012 as compared to 1964. Introductory chapters are dedicated to general issues of the law of obligations, focusing on changes of the basic terms. Other chapters include historical development of the institute and evaluate the applicability of the existing jurisprudence in light of the Civil code 2012. Following chapters deal with the issues of formal and content requirements for the contract on transfer of a right as security. Next chapters describe the process of realization of the transfer of right...
|
guest ::
