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Open data and personal data
Cu, Lukáš ; Loutocký, Pavel (referee) ; Míšek, Jakub (advisor)
This bachelor thesis deals with the issue of open data and its legal collision with rights for privacy and protection of personal data. It’s purpose is to familiarize the reader with some essential terms regarding this topic and their place in Czech legislation. Practical part of this work is an application working with multiple data sets provided as open data. These data sets contain information about the number of Czech people under distraint and the ratio of people based on their education. These data sets are analyzed in the second chapter.
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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.
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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.
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Distraint by sale of property after the amendment to the Code of Distraint Procedure
Zwiefelhoferová, Eva ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
12 Abstrakt - abstract Tato rigorózní práce se zabývá dražbou prováděnou soudním exekutorem v exekučním řízení po novele zákona č. 120/2001 Sb, o soudních exekutorech a exekuční činnosti (exekuční řád). V práci je kladen důraz na jednotlivé fáze exekuce prováděné prodejem nemovitosti a to konkrétně ocenění nemovitosti, dražba nemovitosti a rozvrhové jednání se zaměřením na úkony soudního exekutora v jednotlivých fázích. Práce se též zaměřuje na problematiku zástavních práv, včetně exekutorského zástavního práva, jako nového institutu The thesis addresses the auction of property performed by a court distrainer in a distraint proceedings after the amendment to Act No. 120/2001 Coll., on court distrainers and distraining activities (hereinafter the "Code of Distraint Procedure"). The thesis places emphasis on the individual phases of distraint by sale of property, specifically appraisal of the property, auction of the property and proceedings regarding distribution of the proceeds, focusing on the actions of the court distrainer in the individual phases. The thesis also focuses on the issue of rights of lien, including the distrainer's right of lien, a new institute.
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Open data and personal data
Cu, Lukáš ; Loutocký, Pavel (referee) ; Míšek, Jakub (advisor)
This bachelor thesis deals with the issue of open data and its legal collision with rights for privacy and protection of personal data. It’s purpose is to familiarize the reader with some essential terms regarding this topic and their place in Czech legislation. Practical part of this work is an application working with multiple data sets provided as open data. These data sets contain information about the number of Czech people under distraint and the ratio of people based on their education. These data sets are analyzed in the second chapter.
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The concept of bailiff services in the Czech Republic and their comparison with selected EU countries
Hadravová, Andrea ; Lechner, Tomáš (advisor) ; Mikulová, Magdalena (referee)
Since 2001, the legislation on enforcement has been fundamentally changed, on 1st 2001, Act No. 120/2001 Coll., Executors and Enforcement Activities (Enforcement Code) entered into force. The creditor has thus been given the opportunity to decide how recover his claim. Until then, his only possibility for recovering claims was through the court, but since this date he could acquire his rights through the services of a distrainer. In 2012, this duality was abolished and is executed in most cases by private distrainer. He carries out his activity for reward, which results in his status as an entrepreneur. And his reward has been a thorny issue since 2001, when the profession came into our systhem. The issue of this topic is also evidenced by the parliamentary bill, which tries to regulate to reduce the distrainer`s tariff. The thesis compares the current situation in the Czech Republic with selected states. For purposes of this thesis, I chose Germany, because there is recovery of debts through a state employee, France because this system is one of the oldest and served as a model for many states and Slovakia, for reasons of common history and amendment that came into force in April this year. The aim of the thesis is to map the situation in selected states, to find possible deviations and sources of inspiration for the system of executive services in the territory of the Czech Republic.
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Distraint by sale of property after the amendment to the Code of Distraint Procedure
Zwiefelhoferová, Eva ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
12 Abstrakt - abstract Tato rigorózní práce se zabývá dražbou prováděnou soudním exekutorem v exekučním řízení po novele zákona č. 120/2001 Sb, o soudních exekutorech a exekuční činnosti (exekuční řád). V práci je kladen důraz na jednotlivé fáze exekuce prováděné prodejem nemovitosti a to konkrétně ocenění nemovitosti, dražba nemovitosti a rozvrhové jednání se zaměřením na úkony soudního exekutora v jednotlivých fázích. Práce se též zaměřuje na problematiku zástavních práv, včetně exekutorského zástavního práva, jako nového institutu The thesis addresses the auction of property performed by a court distrainer in a distraint proceedings after the amendment to Act No. 120/2001 Coll., on court distrainers and distraining activities (hereinafter the "Code of Distraint Procedure"). The thesis places emphasis on the individual phases of distraint by sale of property, specifically appraisal of the property, auction of the property and proceedings regarding distribution of the proceeds, focusing on the actions of the court distrainer in the individual phases. The thesis also focuses on the issue of rights of lien, including the distrainer's right of lien, a new institute.
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Private distrainor in terms of Czech law
Sefzig, Petr ; Matula, Miloš (advisor) ; Dittrich, Michal (referee)
This thesis deals with the institute of private distrainor in terms of its position in the Czech legal order. It outlines the history of enforcement process and discusses the powers of the private distrainors in accordance with the relevant laws. The theoretical part describes the functioning of various mechanisms in the enforcement proceedings, with an emphasis on the most common types of acts. In the analytical part it focuses on the changes made in 2015 and further analyzes prepared or discussed changes in enforcement proceedings. Specific problems closely connected with the institute of private bailiff are described and at the same time there are suggested possible solutions to these problems.
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The effect of bailiff territoriality on the reclamation of receivables, the length of debt recovery and other aspects of court-ordered distraints
Plaček, Jan ; Smrčka, Luboš (advisor) ; Belás, Jaroslav (referee) ; Hučka, Miroslav (referee)
The area of individual reclamation of receivables in the form of court-ordered distraints has undergone significant changes since the year 2000. The initial practice, when the claims used to be enforced directly by judicial officers, proved to be largely ineffective and with difficult to apply. The Ministry of Justice has responded by adopting an amendment to the Act (Act no. 120/2001 Coll., on bailiffs and executor activities), which introduced the independent bailiff offices. Then, the law itself understood the bailiff authorities as a separate entrepreneurs. Currently, in the Czech Republic, there can be seen the distribution of the market with distraints according to the Pareto rule. Approximately 20% of bailiff offices manage over 80% of distraints. It is obvious that this is an unsatisfactory condition for the majority of bailiff offices. In response to this fact, the Czech Chamber of Bailiff offices calls for the introduction of territoriality, which would eliminate by law the market environment from the market with distraints and every single bailiff office would have a stable allocation of distraint proceedings. The analysis carried out clearly shows that there are significant differences between bailiff offices in terms of speed and in success of the debt recovery. The actual demand for the introduction of territoriality would not merely be a reallocation of the market with distraints. Putting it into a practice would greatly influence the transactional costs of business and non-business entities in the Czech economy. The thesis comprehensively describes the issue of territoriality and quantifies how much the debt collection will decrease in case of its introduction. In the conclusion, an alternative draft is formulated, which might, according to the author, allow effective regulation and supervision of the activities of bailiffs' offices without compromising the inherent efficiency of the reclamation of receivables in terms of market environment.
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Distraint by sale of property and by property management
Hřeben, Tomáš ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
This diploma thesis deals with issues of distraint by sale of property and by property management which represent two kinds of distraint with important impacts on debtor's proprietary rights. The diploma thesis is divided into four chapters complemented by introduction and conclusion. The first chapter deals with distraint order in a general way and also examines the term "real estate" in the context of the recent recodification of the civil law. The second chapter explains phases of distraint by sale of property and by property management from the initiation of the distraint order to the delivery of warrant of distress. Next third chapter deals closely with the distraint by sale of property and its particularities and the final chapter analyses in a similar way the distraint by property management.
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