Recognizance of a debt The thesis aims to provide overview of judicial and doctrinal solutions of particular issues regarding the recognizance of a debt (as governed by the Czech Commercial Code) and to discuss to what extent the generally accepted solutions could stand up once the Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "New Civil Code") becomes effective. Following the general introduction the recognizance of a debt is described together with similar legal instruments. Then the thesis focuses on particular issues associated with the instrument of recognizance of a debt, such as methods of identification of the debt being recognized, relationship between recognizance of a debt and set-off, ways of explicit and implicit recognizance of a debt etc. The thesis emphasizes the judicial solutions of these issues and the respective doctrinal scrutiny. The commercial law regulation (as governed by the Act No. 513/1991 Coll., the Commercial Code) is of the main importance. If appropriate, the civil law regulation (as governed by the Act No. 40/1964 Coll., the Civil Code) is used. As the New Civil Code repeals these laws, the thesis looks into the future and attempts to evaluate to what extent the recent conclusions of practice and theory will be applicable. The thesis also...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:323502 |
| Date | January 2013 |
| Creators | Samek, Michal |
| Contributors | Černá, Stanislava, Horáček, 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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