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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.
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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...
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Contractual penalty as an instrument of confirming a debt in commercial relations
Hořenín, Radim ; Černá, Stanislava (advisor) ; Liška, Petr (referee)
Contractual penalty as an instrument of confirming a debt in commercial relations. The Master degree's thesis is concerned with contractual penalty. The topic was chosen because contractual penalty has been an important often-used instrument of confirming debts for many years. Through its functions, it contributes to compliance with the fundamental principle of private law - "pacta sunt servanda". The aim of the study is to analyse and assess contractual penalty on the basis of valid Czech law, related judicial decisions and professional literature chiefly with the use of language, logical, systematic and teleological method of legal reasoning. The text is based on the Act No. 89/2012 Coll., The Civil Code, which is to become effective on 1st January 2014. The Act's legal rules are compared to the former ones so that the changes of law can be described as a result of recodification of private law. The thesis is focused on the most important and the most discussed issues regarding contractual penalty. Chapter one is devoted to general characterization of contractual penalty with respect to its functions and accessory character. Chapter two deals with the prerequisites for commencement of the claim on contractual penalty - a valid and proper agreement on contractual penalty and a breach of the secured...
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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.
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Contractual penalty as a means of corroboration of a debt in business relations
Novotný, Jan ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The thesis deals with contractual penalty as a means of corroboration of a debt in business relations. The topic was chosen by the author primarily because of the fact that contractual penalty is a traditional institute of private law. It is frequently used in the law of obligations as an instrument of corroboration of a debt. Therefore its application improves the position of creditor. The aim of this thesis is to scientifically describe and analyze institute of contractual penalty as frequently used tool of corroboration of a debt in the context of the current, relatively new legislation. The work is based on rules of the Civil Code effective since 1. 1. 2014. At the same time, there is a great emphasis on jurisprudence. The work also abounds comparison with the previous legislation, which aims to capture the development of the concept of contractual penalty. The thesis focuses on the most important issues related to the penalty clause. At the same time it offers a comparison with the English legislation in the last chapter. This comparison is particularly interesting due to the diversity of the legal system in the Czech Republic and the legal system in England. The work is divided into eight main chapters, which are divided into subsections according to the content of the topic. The first...
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Contractual penalty as an instrument of confirming a debt in commercial relations
Hořenín, Radim ; Černá, Stanislava (advisor) ; Liška, Petr (referee)
Contractual penalty as an instrument of confirming a debt in commercial relations. The Master degree's thesis is concerned with contractual penalty. The topic was chosen because contractual penalty has been an important often-used instrument of confirming debts for many years. Through its functions, it contributes to compliance with the fundamental principle of private law - "pacta sunt servanda". The aim of the study is to analyse and assess contractual penalty on the basis of valid Czech law, related judicial decisions and professional literature chiefly with the use of language, logical, systematic and teleological method of legal reasoning. The text is based on the Act No. 89/2012 Coll., The Civil Code, which is to become effective on 1st January 2014. The Act's legal rules are compared to the former ones so that the changes of law can be described as a result of recodification of private law. The thesis is focused on the most important and the most discussed issues regarding contractual penalty. Chapter one is devoted to general characterization of contractual penalty with respect to its functions and accessory character. Chapter two deals with the prerequisites for commencement of the claim on contractual penalty - a valid and proper agreement on contractual penalty and a breach of the secured...
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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.
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