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Assessment of the creditworthiness of a consumer in insolvency proceedings
Tetera, Filip ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
1 Assessment of the creditworthiness of a consumer in insolvency proceedings Abstract This diploma thesis deals with a creditor's obligation to assess a consumer's creditworthiness with due professional care before concluding a consumer credit agreement, or alternatively amending such an agreement consisting of a significant increase in the total amount of consumer credit imposed on the consumer credit provider by Act No. 145/2010 Coll., on consumer credit, or Act No. 257/2016 Coll., on consumer credit. Enshrining this obligation in the aforementioned laws is one of the manifestations of consumer protection in our legal system. The primary goal of this obligation is to protect the consumer, who, compared to consumer credit providers, certainly lacks professional, and in particular legal and economic, knowledge and experience in the field of consumer credit provision, as well being materially and personally equipped as regards disproportionate and reckless borrowing. Over-indebting of households negatively affects not only the consumer as an individual, on whom the negative consequences fall existentially, but also the Czech Republic as a state, and ultimately also creditors from consumer credit contracts, i.e. ultimately they are also protected by regulation and compliance with the obligation of providers...
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Consumer credit
Soukup, Jakub ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Consumer credit Abstract This diploma thesis deals with the topic of consumer credit, focusing on a systematic and comprehensive analysis of the development of consumer credit legislation not only in the Czech Republic, but also with a focus on essential legislation of the European Community and the European Union. The thesis is also focused on answering the theses set out in the introduction, which focus mainly on the issue of assessing the creditworthiness of consumers and the issue of regulation of providers and intermediaries and their impact on the activities of these entities in practice. For this purpose, the thesis is structured into seven parts, in which the legal regulation of consumer credit is systematically described, and certain essential or problematic passages are analysed in more detail. The first part of the thesis defines the basic concepts that are used in all aspects of consumer credit legislation and simultaneously in this thesis. The second part follows, which deals with the historical development of consumer credit from its very beginnings, through the development of consumer credit legislation in Community law, to the development of consumer credit legislation in our legal system. In the third part of this thesis, I analyse the general legal regulation of consumer credit and related...
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