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Postavení zajištěných věřitelů / Postavení zajištěných věřitelůŠkadra, Petr January 2014 (has links)
The theme of my graduation thesis is position of secured creditors. The purpose of my thesis is description of rights and duties of secured creditors. Emphasis is placed on creditors secured by the lien to real estate. The thesis is focused on realization of the lien and position of secured creditors in legal proceedings concerning realization of the lien. In first chapter thesis deals with concept of security and its purpose, in particular the lien. Description of distinction between security and reinforcement of the debt is included. It also deals with function of the lien - security function and realization function. Realization of the lien is achieved in legal proceeding by public auction, execution of decision by court or licensed executor. Thesis describe position of secured creditors in these legal proceedings and in the process of sale of the pledge. Thesis also examines execution of decision by court lien relating real estate and licensed executor lien relating real estate, its purpose and procedure of creation. Last chapter is focused on position of secured creditors in insolvency proceeding. Included is description of relation between execution proceeding and insolvency proceeding. This is followed by distinction between secured creditors according to substantive law and secured...
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Vliv finanční krize na investování do zajištěných fondů v České republiceFrýbortová, Hana January 2014 (has links)
Frýbortová, H. Impact of financial crisis on investing in guaranteed funds in the Czech Republic. Diploma thesis. Brno: Mendel University in Brno, 2014. The diploma thesis deals with the impact of the financial crisis in 2008-2009 on investing in guaranteed funds in the Czech Republic. The first part focuses on the theoretical definition of collective investment funds and guaranteed funds themselves, their types, advantages and disadvantages, and type of construction. The second part is devoted to the current state of the solution in the Czech Republic, a structure of mutual funds and the volume of their assets. The third part is then devoted to the influence of selected indicators at the annual rate of return of guaranteed funds in the period before, during and after the financial crisis in 2008. There are characterized selected investment companies and their guaranteed funds and then there are analyzed selected indicators, both graphically and econometrically. Finally, the evaluation is assumptions and draw a general conclusion for the entire industry of guaranteed funds.
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Postavení a uplatňování pohledávek zajištěného věřitele v insolvenčním řízení / The Position and Application of Claims of the Secured Creditor in Insolvency ProceedingsMatuška, Dominik January 2019 (has links)
The Position and Application of Claims of the Secured Creditor in Insolvency Proceedings Abstract The topic of this thesis is the position and application of claims of the secured creditor within the special and to some extent independent type of civil court proceedings, which is insolvency proceedings. The object of insolvency proceedings is the bankruptcy or imminent bankruptcy of the debtor and the method of its resolution. It is more than clear, that the creditors who are involved in this proceedings have an interest in ensuring that their claim is satisfied as much as possible. The aim of the paper, as its name itself suggests, is not a general description of the course of insolvency proceedings, but a comprehensive analysis of the position and application of claims of the secured creditors. In the insolvency law, we understand the concept of secured creditor somewhat more narrowly compared to the general substantive law, which is based on the Civil Code. Indeed, the Insolvency Act defines who is deemed to be a secured creditor for the purposes of insolvency proceedings, and this definition does not include all types of security institutes known to us from substantive law. When examining the issue, I proceed from the relevant legal regulations, relevant case law of the higher courts of the Czech...
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Návrh úpravy insolvenčního zákona s cílem zrovnoprávnění postavení věřitele při řešení úpadku oddlužením / Proposal for Insolvency Act ammendments in order to establish equality status of creditors in the process of personal banktruptcy through debts charge offPrasková, Zuzana January 2012 (has links)
Title: Proposal for Insolvency Act amendments in order to establish equality status of creditors in the process od personal bankruptcy through debts charge off Thesis summary: The purpose of my thesis is to describe the new form of personal bankruptcy through debts charge off and point out some weaknesses of the current legislation together with some proposals how to deal with them. The reasons that led me to choose this topic are i) new legislation of Insolvency Act which is effective from January 1st 2008, and ii) my practical experience with insolvency proceedings. The thesis composes from eleven chapters where each of them deals with particular phase of the process. Prior to the chapters there is an Introduction which describes the aim of the thesis, reasons for this specific topic and explanations of basic legislation related to personal bankruptcy. Chapter One focuses on origination of the insolvency law in the territory of The Czech Republic and is divided into three subchapters. The first subchapter focuses on the development of insolvency law before the origination of Czechoslovakia, the second subchapter describes changes in the insolvency law from 1918 and the last subchapter deals with the former Bankruptcy Act. Chapter Two clarifies basic changes that were introduced by the Insolvency Act and...
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Insolvenční řízení z pohledu věřitele / Insolvency proceedings from the viewpoint of a creditorTlustá, Klára January 2017 (has links)
This thesis discusses the Insolvency Act No. 182 / 2006 Coll. Insolvency and Its Resolution which came into force on January 1, 2008. This Act replaced Act no. 328/1991Coll., on Bankruptcy and Settlement and brought new legal adjusting of bankruptcy law. The thesis focuses on insolvency proceedings in point of view of creditor, as one of the main procedural subjects in the proceedings. The first part describes the theoretical basis for the application of claims of creditors in insolvency proceedings, because for their successful satisfaction is necessary to perfect understand of Act No. 182 / 2006 Coll. Equally important is the orientation in implementing regulations of Insolvency law. In the second part of thesis there is an analysis of input data with a focus on creditors in insolvency proceedings and the satisfaction creditors receivables. The obtain data are statistically processed and evaluated.
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Garantované investiční fondy / Capital protected fundsHoudek, Ondřej January 2012 (has links)
This thesis is mainly focused on pricing securities of selected capital protected funds. In its theoretical part, there are summarized approaches and principals that are generally used for derivatives pricing because capital protected funds' securities contain embedded options. Emphasis is put on risk-neutral pricing using Monte Carlo simulation at that point because complicated pay-off functions of these funds are hard to be evaluated analytically. There are also presented main approaches to constructions and portfolio management of these funds from their portfolio manager's viewpoint. Finally, there is made an overview of basic types of capital protected funds issued both in The Czech republic and Europe. Analytical part is focused on evaluation of selected capital protected funds. There is applied a standard approach that is based on a simulation of Geometric Brownian Motion with constant conditional variance and correlation in contrast with an advanced approach where the conditional variance and conditional correlation matrix are simulated as well. That is accomplished with GARCH-in-mean and DCC-GARCH models. Estimated prices are compared with real market prices and there is also performance of the standard models compared with performance of advanced ones.
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Pohledávky věřitelů v insolvenčním řízení / Creditors’ claims in Insolvency proceedingMetzová, Nika January 2011 (has links)
This diploma thesis with the titled Creditors' claims in Insolvency proceeding deals with the possibility of setting up the claims of creditors in case that the court declared the debtor insolvent and was therefore initiated insolvency proceeding according to the Act no. 182/2006 Col., on Insolvency and Its Resolution (Insolvency Act). The introduction of the thesis also pays attention to other possibilities of enforcing and lodging the claims whether in extrajudicial proceedings or in proceedings before the court by filing an action against the debtor or in proceedings before the court or arbitration and subsequent recovery options of enforceable claims. The main aim of this thesis is to present a detailed analysis of the process of submission of claims in insolvency proceedings from the moment of initiation of the proceeding through submission of the claims to the insolvency court to their reviewing and their possible denial (together with adversary disputes) or their finding and final satisfaction. The chapter that describes the different types of claims is also closely related to the process of submitting, reviewing and satisfaction of claims as the type of the claim may determine whole process of its submission and satisfaction in the insolvency proceeding. Last chapters describe the satisfaction of admitted claims depending to the chosen method of the insolvency resolution and the destiny of unsatisfied of claims when the insolvency proceeding is over. At the end of the thesis is a practical example that should illustrate the procedure of filling the Claim submission form, including all elements of formal and content requirements.
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