63 Set-off Defence Abstract The thesis deals with set-off from the point of view of procedural law and using the method of functional interpretation of law, strives to provide answers to questions that appear in the court proceedings in connection with its use. It builds on theorists who dealt with the issue of inducing an effect of set-off in the proceedings in the late 20th century, but also takes into account the findings of current academic community and presents the judicial conclusions reached by (not only Czech) courts. The thesis is divided into 4 chapters. The first chapter briefly deals with the substantive legislation of set-off (especially the requirements laid down for the receivables that are to be set-off, and cases where set-off is prohibited by law). A declaration of set-off as a substantive act may be decisive in assessing the admissibility of set-off in proceedings. The second chapter describes the origin of set-off in ancient Rome and the different concepts of set-off in current legal codifications, which is the result of inconsistent interpretation and reception of this institute by medieval scholars. This is reflected by Czech legal science in existence of civilian and procedural theory of offsetting. In the third chapter, the thesis deals with purely procedural aspects of set-off. The...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:437737 |
| Date | January 2021 |
| Creators | Vaněk, Martin |
| Contributors | Dvořák, Bohumil, Holčapek, Tomáš |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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