The area of individual reclamation of receivables in the form of court-ordered distraints has undergone significant changes since the year 2000. The initial practice, when the claims used to be enforced directly by judicial officers, proved to be largely ineffective and with difficult to apply. The Ministry of Justice has responded by adopting an amendment to the Act (Act no. 120/2001 Coll., on bailiffs and executor activities), which introduced the independent bailiff offices. Then, the law its... zobrazit celý abstraktThe area of individual reclamation of receivables in the form of court-ordered distraints has undergone significant changes since the year 2000. The initial practice, when the claims used to be enforced directly by judicial officers, proved to be largely ineffective and with difficult to apply. The Ministry of Justice has responded by adopting an amendment to the Act (Act no. 120/2001 Coll., on bailiffs and executor activities), which introduced the independent bailiff offices. Then, the law itself understood the bailiff authorities as a separate entrepreneurs.
Currently, in the Czech Republic, there can be seen the distribution of the market with distraints according to the Pareto rule. Approximately 20% of bailiff offices manage over 80% of distraints. It is obvious that this is an unsatisfactory condition for the majority of bailiff offices. In response to this fact, the Czech Chamber of Bailiff offices calls for the introduction of territoriality, which would eliminate by law the market environment from the market with distraints and every single bailiff office would have a stable allocation of distraint proceedings.
The analysis carried out clearly shows that there are significant differences between bailiff offices in terms of speed and in success of the debt recovery. The actual demand for the introduction of territoriality would not merely be a reallocation of the market with distraints. Putting it into a practice would greatly influence the transactional costs of business and non-business entities in the Czech economy. The thesis comprehensively describes the issue of territoriality and quantifies how much the debt collection will decrease in case of its introduction.
In the conclusion, an alternative draft is formulated, which might, according to the author, allow effective regulation and supervision of the activities of bailiffs' offices without compromising the inherent efficiency of the reclamation of receivables in terms of market environment. |