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Financial insolvency of the firm and methods of solution to this problem
Kinclová, Klára ; MBA, Vlastimil Kučera, (referee) ; Rais, Karel (advisor)
Master’s thesis "Financial insolvency of the firm and methods of solution to this problem" deals with management of receivables. The first part describes tools which can be used for the management of receivables after maturity or prevention before this type of receivables. In the second part the work is focused on management of receivables in the company. In this section the current status of this area in the company is summarized and more types of debt collection are proposed. Finally, ideas for improvement of management of receivables are suggested, e.g. in the area of client communication by sales representatives. Recommendations are also made for tools usage, e.g. sale of bad debts of transfer of risk to other subject.
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Bank guarantees of contractor of construction order
Šoula, Michal ; Comorek,, Martin (referee) ; Marková, Leonora (advisor)
The thesis deals with the topic of bank guarantees in the construction industry focusing on the contractor of the construction commission. The aim of this paper is the definition of bank guarantees in legal and economic terms, and on the basis of available literature, and also a proposal for the application of a bank guarantee in construction contracts. This thesis includes an overview of the products offered by national bank institutions in the field of bank guarantees and their comparison. The thesis contains an overview and description of bank guarantees used in the construction industry. The thesis focuses on a bank guarantee for the proper execution of the work (for the correct execution of the contract for work). There is described the progress of the guarantee from the contract for work until the warranty exercise and any dispute over the amount paid under the guarantee. Further, the paper deals with the use of bank guarantees in practice from the point of view of construction companies, focusing on the guarantee for the proper execution of the work. The thesis also describes solutions in the field of bank guarantees of construction companies, ways of surety, credit limits and bank charges for bank guarantees. In conclusion, there are described terms of the bank guarantee in the contract for work for the specific construction contracts and a method of preparation of the bid price for the contract with regard to where the cost appears applying the bank guarantee at the contractor's bid price. The contribution of this thesis is a comprehensive overview of bank guarantees in the construction industry and their application intended for a contractor of the construction commission.
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Receivables at a Corporate Enterprise
Lečbychová, Vendula ; ing.Božena Okénková (referee) ; Fedorová, Anna (advisor)
My bachelor’s thesis deals with the topic of receivables from business relations. Based on the facts found out by the analysis of receivables in the chosen business organization, I recommended measures that might make receivables management system more effective. To ensure accurate records of receivables after due date in accounting books, I designed a suitable mode of creation of rectifying items for the business organisation.
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Late payment interest and contractual penalty in theory and practice
Voborský, Jan ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
in English, Title and Keywords Late payment interest and contractual penalty in theory and practice This diploma thesis is concerned with late payment interest, contractual penalty and their mutual comparison. Late payment interest and contractual penalty are both very important and frequently used institutes of civil law. Both of them show many similarities on one hand, but on the other hand they also have many differences. I address this similarities and differences specifically in the third part of my thesis, where I not only explore the differences that can be easily recognised from the text of the Civil code itself (e.g., how these legal institutes arise) but also the finer nuances, which are often the subject of expert/scholar discussion or arise only in the complex legal disputes (e.g., which function should prevail in the given institution). However, before I could compare these two institutes, it was necessary to describe each of them individually. I deal with this in the first two parts of my work. In the part of my thesis concerning late payment interest, I focused on describing its functions, conditions which must be met in order to the right on late payment interest arise and the determination of its amount. Regarding the determination of its amount, I describe both the automatic...
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Contractual penalty in consumer contracts
Beláková, Zuzana ; Elischer, David (advisor) ; Lederer, Vít (referee)
Contractual penalty in consumer contracts Abstract The topic of rigorous work is the contractual penalty in consumer contracts, while this issue is very current, as it falls into the legal area of consumer protection, which belongs to the current most modern trends in private law. The aim of the thesis is to answer, in particular, what are the specifics of the use of the contractual penalty institute in consumer contracts, to analyze the issue of negotiating a contractual penalty in consumer contracts and its permissible amount. Furthermore, the author of the thesis will focus on the possibility of moderating an unreasonably high contractual penalty in consumer contracts and the possibility of negotiating a contractual penalty within the commercial terms of consumer contracts. Last but not least, the author of the thesis intends to analyze the issue of due date and limitation of the right to pay a contractual penalty. The first chapter deals with the functions of the contractual penalty in consumer contracts and contains a brief analysis of individual terms that are central to this rigorous work. The second chapter is focused on the jurisprudence regarding the contractual penalty. The author of the thesis chose two areas, namely the possibility of conditional negotiation of the contractual penalty and the...
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Three issues of consideration of consumer contract penalty clauses in judgments rendered between 2020 and 2022
Švarcbek, Alexandr ; Patěk, Daniel (advisor) ; Tomášek, Petr (referee)
Three issues of consideration of consumer contract penalty clauses in judgments rendered between 2020 and 2022 Abstract This diploma thesis deals with the issue of penalty clauses in consumer contracts. The goal of this diploma thesis was to determine, based on the analysis of the decisions of court rendered between 2020 and 2022, whether there is a differing legal assessment in cases with similar factual circumstances (penalty clauses) in the judicial practice of courts, and if so, for what reasons. The diploma thesis reveals that in some aspects, the legal assessment by courts in factually similar cases is entirely different. Based on the analysis conducted, three main problems arising in the consideration of penalty clauses in consumer contracts are formulated. Namely the issue of assessing the adequacy of the amount of the contractual penalty and the related discretionary power of a court to reduce an excessive contractual penalty, whether the penalty clause is formulated in plain and intelligible language, and the (im)possibility of including penalty clauses in the terms and conditions or other documents different from the main consumer contract. It also emerged from the analysis that in more than 1/3 of cases the courts ignore the special legal regulation of consumer contracts and do not deal with the...
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Claims arising from the breach of a contractual obligation (in private law relationships)
Kašová, Lenka ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Claims arising from the breach of a contractual obligation (in private law relationships) The topic of this Master's degree thesis is "Claims arising from the breach of a contractual obligation in private law relationships". The aim of this thesis is especially to outline the claims that may arise to the contractual party in case the other party breaches its contractual obligation. The text characterizes the particular claims, compares them mutually and subsequently shows their main differences. Each chapter contains an important passage focused on legal enactment of particular claims in the New Civil Code that comes into effect on 1st January 2014. The thesis is composed of four chapters, each of which deals with one legal institute that may be considered as a consequence of the breach of contract, namely the liability for default, the liability for damage, the contractual penalty and the liability for defects. The chapter One analyzes situation when the debtor breaches his duty to perform duly and in due time. The purpose of the chapter Two is to describe the essential preconditions for occurrence of the liability for damage, to provide with information about scope and methods of damages including (im)possibility of contractual limitation of damages under Czech law. The second chapter also...
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Legal consequences with respect to the breach of contract under civil law
Novák, David ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
S u m m a r y The goal of this thesis is to analyse the legal consequences of the breach of contract, especially under civil law, although, some essential comparison with legal regulation of commercial law is given, too. The text is divided into ten chapters. In the introduction, i. e. in the first two chapters the term of contract is defined and then the basic legal principles of the contractual law are enumerated and described in respect of the topic. The third chapter deals with the subject of the paper globally and shortly characterises each consequence of the breach of contract. The account of them is also given. The following chapters provide complete information how every consequence works and which part it plays in the Czech legal system. Specifically, Chapter Four is focused on debtor's delay and Chapter Five on creditor's delay. Chapter Six investigates liability for damage and damages a bit, as well. Chapter Seven deals with liability for defects and Chapter Eight is about contractual fine. In Chapter Nine is mentioned discharge of contract and its consequences. Each of in this paragraph enumerated chapters describes its subject itself and also relevant related problems in context with practice of the courts. In the last chapter, i. e. in the Conclusion is the whole topic shortly summarized with...
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Contractual penalty under the Commercial Code
Kratochvíl, Vladimír ; Patěk, Daniel (advisor) ; Elek, Štefan (referee)
Contractual penalty under the Commercial Code Summary The theme of this Master's degree thesis is Contractual penalty under the Commercial Code. Author chose this topic because contractual penalty is important and very often-used institute through which parties to the contract can secure their obligations. This instrument should guarantee that the debtor would perform his main (primary) commitment to the creditor. If not, he may be punished for a breach of the contract even if there won't arise any damage (loss) on the creditor's side. This fact represents considerable advantage over other similar institutes. The study is focused on issues of contractual penalty in commercial relations, specifically in a situation when both parties to the contract are businessmen and they entered into agreement in connection with their business. However the legislation of the instrument is relatively brief (articles 544 and 545 of the Act No. 40/1964 Coll., The Civil Code and articles 300 to 302 of the Act No. 513/1991 Coll., The Commercial Code, which includes a special regulation for business relations), many questions and uncertainties can be found. Many of them were resolved by adjudications but there are still problematic aspects. Author focuses on their solutions and tries to give response, which will be satisfactory...
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Default of time in business transactions and its consequences
Kolář, Ondřej ; Patěk, Daniel (advisor) ; Oehm, Jaroslav (referee)
Delay in commercial commitments and its consequences The purpose of the thesis is to describe all the aspects of delay in commercial commitments in the law system of the Czech Republic with focus on the consequences a delay may cause. Even though the history of the respective legislation is long and uninterrupted (it basically dates back to the Austrian General Civil Code from 1811), certain cases of indistinct interpretation in every-day use of the rules may still arise and that is the reason for elaborating the research. Legislation, expert interpretation of the legislation, papers from professional journals and a number of judicatures, mostly decisions of the Supreme Court of the Czech Republic, are used to thoroughly analyse the topic. The Czech Commercial Code recognises two general kinds of delay - debtor's delay, which occurs if the debtor does not fulfil their (usually contractual) duties in time and/or properly and creditor's delay, that is initiated by the creditor if they do not accept proper fulfilment from the debtor and that supersedes the debtor's delay, if it may be in place. In case of the debtor's delay the law automatically guarantees the creditor several rights. They have the right to insist on the proper fulfilment to be delivered or they are entitled to cancel the contract, if...
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