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National Repository of Grey Literature 1 records found  Search took 0.00 seconds. 
Setoff without mutuality (compensation ex personae tertiii) in business relations
 Stratilová, Veronika ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
Set-off without mutuality (compensation ex personae tertii) in business relations Abstract The aim of this thesis is to answer the question whether the statute contains exhaustive or non-exhaustive list of cases in which a person may set-off without mutuality. Accordingly, whether it is possible to negotiate the set-off of claims where mutuality cannot be found. I have done so by analysing selected cases of set-off without mutuality. I have described the cases expressly embodied in the statute, as well as those on which the Supreme Court of the Czech Republic has already ruled. The objective was to uncover the meaning and purpose common to all these exceptions and, with this knowledge, to establish a method that will lead to an answer to the question of whether the set-off without mutuality can be counted in a particular case. The first section of this thesis explains what is meant by the creditor's entitlement to demand satisfaction of his/her own claim. I came to the conclusion that this category includes not only mature claims, but also a case when the time of performance is determined in favour of the creditor [according to the section 1962 (3) of Act No. 89/2012 Sb., the Civil Code]. I have used this conclusion as a reasoning throughout this thesis. In the following section, I categorized the ways of...
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