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Debtor's default
Hartmann, Jiří ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This diploma thesis deals with the issue of debtor's default, as a universal legal institute through the prism of current legislation in private law. It looks at the problem from both a general and theoretical perspective, and also discusses various partial and specific parameters occurring in legal practice. When defining the concept and content of the debtor's default, the conclusion is that the debtor's default can only be discussed when the obligation is not fulfilled in time. Not proper performance does have its reflection to debtor's default only via the creditors entitlement to refuse such a performance, thus causing the debtor to default if the debtor does not correct his performance before the due date. However, if a situation arises where a defective performance is provided and this is accepted by the creditor, then there is no default of a debtor, but the creditor acquires rights from the defective performance. The thesis also deals with the issue of debtor's default in case of monetary obligations, when it discusses, among other things, the issue of contractual and statutory default interests. It compares the development of this regulation in relation to the former legislation represented by Civil Code of 1964, including the development of case law, concluding that, contrary to the...
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