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Set-off of claims
Kuceková, Martina ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
- Set-off of claims The topic of this diploma thesis is the analysis of the institute of set-off of claims. The thesis deals with valid regulation. Set-off of claims is one of the most common method of extinguishing liabilities, while the extinguishment of liabilities by set-off can only by certain conditions. The diploma thesis is primarily based on commentary literature and case law, using actual case law and also older case law, which is still valid today. The aim of the thesis was to create a comprehensive overview of the institute of set-off of claims and to point out some problematic areas. The first chapter deals with the essence of set-off, especially prerequisites and admissibility. The chapter enumerates the individual conditions that the claims have to meet in order to be set off. These conditions are explained in more detail in the thesis. It is a necessary basis that must be known for the application of the set-off of claims institute. That is the basis for application in civil law as well as for application in other branches of law. For example in company law or bankruptcy law. The next chapter deals with the set-off itself, i.e. how mutual claims are extinguished, in which moment the claims are extinguished and what are the effects of the set-off of claims. It is the most...
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Discharge of Obligations in Commercial Relations
Štembergová, Alena Miriam ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
First part discusses discharge of obligations by performance. Second part discusses discharge of obligations by other ways - agreement of contractors, withdrawal from a contract, frustration of the purpouse of a contract, compensation for withdrawal, subsequent impossibility of performance, not claiming the rights, termination, set-off of claims, settlement with creditor, merge of creditor and debitor, death of creditor or debitor. The text contains many examples of commercial praxis.
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