Možná řešení problému vysokého zadlužení fyzických osob v České republice, výchozí období: 2008 – 2017

A problem of high debt burden and debt trap observable with relatively many individuals in the CR is focused on in the diploma thesis. Low financial literacy of debtors and irresponsible behaviour that it causes (such as hire purchases, revolving credits etc.) belong among main reasons of high debt burden; other factors however contribute as well: structure of unbalanced inflation, high taxation of labour, poverty inheritance or social risks uninfluenceable by the debtor (unemployment, death of breadwinner, illness and so on). Costly process of executions contributes to debt trap as well.The aim of the thesis is to analyse what instruments the contemporary legislation offers in order to resolve bad economic situation of people in debt trap and what instruments it offers to prevent debt trap. The analysis focuses not only on ex post instruments (debt relief), but also on protective instruments usable ex ante.The problem of debt trap can be resolved by applying an institute of debt relief, which is currently often mentioned in public discussion in relation with an effort to redefine its conditions. The redefinition however is not necessary, resolution of debt trap is possible under current rules with just a slight change of them. Some protective mechanisms are also presented, these can prevent the problem of debt trap; they include: usury, laesio enormis, clausula rebus sic stantibus, consumer credit regulation etc. Usage of these institutes to prevent high burden of debt is not sufficient.Since more than 4.5 mil. executions took place in the CR in 2017 against only 863 thousand individuals and since against nearly half a million individuals three or more executions were carried out simultaneously, the subject is economically topical and the analysis has a potential to provide incentives for suitable legislation.