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The effects of the payment of a debt based on a subsequently quashed effective court decision
Kinkor, Daniel ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
1 The effects of the payment of a debt based on a subsequently quashed effective court decision Název rigorózní práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce Abstract When an effective court decision, based upon which the defendant had already paid to the claimant, is subsequently quashed by the Supreme Court, it is necessary to determine whether, according to substantive law, the claimant is entitled to the received payment or not. In this regard, two different concepts of how these situations should be resolved have developed in the case law of Czech courts. Neither of them is, however, fully acceptable due to the inherent limitations of existing procedural law. The first concept is based on a clear distinction between substantive and procedural law and respects the fact that the legal effects of an effective court decision do not have a direct impact on substantive legal relations. According to this concept, the original defendant must, after the annulment of the effective court decision in compliance with which he had already paid to the claimant, initiate new proceedings. In these new proceedings, in which the original defendant (now as claimant) must raise a claim for the restitution of unjust enrichment, the fact whether or not the former claimant is...
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