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The Criteria of Calculating the Non-Recoverable Amount
NĚMCOVÁ, Klára
This thesis deals with the criteria of calculating the non-recoverable amount at the bankrupcy procedure of natural persons. Using the analytical methods is trying to present that this non-recoverable amout could be demotivating instrument when it comes to legal employment. For a better view, this thesis compares a bankrupcy procedure with an enforcement proceeding, showing the fact that the current construction of calculating the non-recoverable amount can put some citizens close to the border of poverty. Second part of this work is dedicated to options to raise the non-recoverable amount and consequential presentation of these options on specifics cases.
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Enforcement proceedings - selected issues
Radnotyová, Nikol ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
The subject of this bachelor thesis are the two latest amendments to the Code of Enforcement Procedure adopted in the year 2015, their impacts on the legal practice and analysis of the legislation preceding and succeeding the adoption of the amendments. The main goal of this work is to examine whether the above-mentioned amendments helped to streamline recovering of debts, to increase the legal protection of debtors and their spouses and whether the amendments have led to increased creditor protection compared to the previous legislation. The work is divided into two parts, each of them is concerned with one of the Code of Enforcement Procedure amendment respectively Code of Civil Procedure amendments.
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Debt collection in legal theory and practice
Nejedlá, Jana ; Pikola, Pavel (advisor) ; Jaromír, Jaromír (referee)
This diploma work focuses on the issue of debt collection via deductions from pension payments. The theoretical part analyses the legal conditions for this type of debt collection and defines the terms related to it. The first chapters focus in general on financial literacy and the development of the system of deductions from wages. In the following chapters, based on analysis of legislation and description, the legal basis of deductions from wages is mapped, along with the calculation of the amount of deductions seized based on distraint orders and changes to the payer of income during the enforcement of a decision. The other sections of the work focus on insolvency and the recipient payers retirement in the event of deductions. The practical part presents a comparison of analysed data about the development of the number of pensions, the average amount of pensions and pensions affected by deductions seized based on distraint orders, and details are compared about the amount of income achieved during economic life and in retirement. Then the particular issues in the Czech Republic and Slovakia are compared through examination of their basic characteristics. Based on the authors own observation, the final part of the document contains suggestions of possible solutions that would reduce the number of pensions affected by asset seizure.
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Debt collection in legal theory and practice
Nejedlá, Jana ; Pikola, Pavel (advisor)
This diploma work focuses on the issue of debt collection via deductions from pension payments. The theoretical part analyses the legal conditions for this type of debt collection and defines the terms related to it. The first chapters generally focus on financial literacy among the population. The subsequent chapters map the act of deducting amounts from pension payments, the method of calculating the deduction amounts and the process of making deductions when receivables overlap and when the payer of income changes. The other sections of the work focus on insolvency and the recipient payer's responsibility in the event of deductions. The practical part compares and analyses data about the development of numbers of pensions affected by ordered asset seizure and details regarding the amount of income earned during working life and during retirement. Based on the author's own observation, the final part of the document contains suggestions of possible solutions that would reduce the number of pensions affected by asset seizure.
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Ekonomické a právní aspekty exekuce srážkami ze mzdy
Böhmová, Klára
The intent of this diploma thesis is to verify the efficiency of the legislation and its mechanism within the chosen type of execution of monetary compensation, with an emphasis on the economics aspects. The first part of thesis is focused on legislation, primarily on execution through deducting money from wages (wage garnishment). Futhermore, through an analysis of the unseizable amount alongside the amount of deductions from wage, calculation formula is created and calculations are demonstrated on model cases. There is an evaluation of both the viability of the methodologies and the impact of the current regulation on debtor, creditor and employer. Execution regulations via deductions from wage in the Czech Republic are compared with regulatory policies applied abroad. Legislation de lege ferenda is proposed in conclusion.
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