Recently the eld of actuarial mathematics has experienced a large development due to a signi cant increase of demands for insurance and nancial risk quanti cation due to the fact that the implementation of a complex of rules of international reporting standards (IFRS) and solvency reporting (Solvency II) has started. It appears that the key question for solvency measuring is determination of probability distribution of future cash ows of an insurance company. Solvency is then reported through an appropriate risk measure based e.g. on a percentile of this distribution. While as present popular models are based solely on aggregated data (such as total loss development from a certain time period), the main objective of this work is to scrutinize possibilities of modelling of the reserve risk (i.e. roughly said, the distribution of the ultimate incurred value of claims that have already happened in the past) based directly on individual claims. These models have not yet become popular and to the author's knowledge an overview of such models has not been published previously. The assumptions and speci cation of the already published models were compared to the practical experience and some inadequacies were pointed out. Further more a new reserve risk model was constructed which is believed to have practically more suitable assumptions and properties than the existing models. Theoretical aspects of the new model were studied and distribution of the ultimate incurred value (the modelled variable) was derived. An emphasis was put also on practical aspects of the developed model and its applicability in the case of industrial use. Therefore some restrictive assumptions which might be considered realistic in variety of practical cases and which lead to a signi cant simpli cation of the model were identi ed throughout the work. Furthermore, algorithms to reduce the number of the necessary calculations were developed. In the last chapters of the work, an e ort was devoted to the methods of the estimation of the considered parameters respecting practical limitations (such as missing observations at the time of modelling). For this purpose, survival analysis was (amongst other methods) applied.

Les processus de résolution amiable des différends – conciliation, médiation, procédure participative ou droit collaboratif – présentent une unité d’objectif. Leur mise en œuvre permet une tentative de conclusion d’un accord amiable : un contrat consacrant la solution du différend construite par les parties. Sans se départir d’une approche procédurale, cette étude propose une analyse contractuelle de la résolution amiable des différends. Au-delà d’une procéduralisation de la formation de l’accord amiable, le droit commun des contrats sert en effet de manière unitaire les négociations et la conclusion de l’accord amiable. Ce dernier présente néanmoins une certaine diversité au regard des qualifications contractuelles qu’il peut revêtir. Si le contrat de transaction apparaît comme un référent à l’accord amiable, tout accord amiable ne consiste pas nécessairement en une transaction. Mais au-delà du jeu des qualifications possibles, le droit commun des contrats fédère les conditions de validité et les forces de l’accord amiable. Une unité fondamentale des accords amiables se révèle ainsi, garantissant la résolution effective des différends / The amicable settlement process - conciliation, mediation, collaborative procedure or law - present the same aim. Every amicable settlement process permits the conclusion of an amicable agreement: a contract consecrating the solution built by the parties. Without distracting from procedural approach, this study offers a contractual analysis of the amicable dispute resolution. Beyond a proceduralisation of the negotiation and the amicable settlement formation, it is the general law of contract that insure a support to the amicable settlement process. However, the amicable settlement presents some diversity due to peripheral qualifications. If the transaction contract is a reference to the amicable settlement, every amicable settlement is not necessarily a transaction. Beyong the choice of qualifications, the general contract law unites the validity conditions and the forces of the amicable settlement. A fundamental unity of amicable settlements reveals, safeguarded the effective dispute resolution