ZAPOČÍTANIE AKO SPÔSOB USPOKOJENIA VERITEĽA V SÚKROMNOM PRÁVE

• Authors: Marian Ďurana , Peter Strapáč

Title variants

EN

Setting off as a method of satisfaction of creditor in private law

• Languages of publication: SK

Abstracts

EN

The article deals with the problem of offsetting substantive as well as procedural terms. At the outset, the authors devote legal historical excursion of and offsetting passed to the substantive conditions for set-off condition as a way of satisfying creditor in alternative manner. Subsequently, the authors focus on the current legislation of the offsetting and its conditions according to both procedural and substantive law. According to substantive law they deal with conditions of offsetting- compensation receivables in private law as one of the ways to satisfy the creditor as is specified in the §§ 580 to 581 of the Civil Code respectively the provisions of §§ 358-364 of the Commercial Code, specifying their content and analysis. Besides that they point out to the possible modification of these rules by specific legislation such as Act No 36/2005 Coll. Family Code or Act No. 7/2005 Coll. on Bankruptcy and Restructuring. According to procedural law, the article discusses the issue of raising the compensatory objection in civil proceedings, including raising the compensatory objections in eventum. It also deals with the question whether the compensatory objection can be raised also in the following proceedings after enforcement proceedings. In the context of the interpretation it refers to the decisions of the judicial authorities and mainly to the decisions of the Supreme Court on the given issue.

Keywords

EN

SETTING OFF; CREDITOR; PRIVATE LAW; CIVIL CODE; COMMERCIAL CODE

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2015
• Volume: 98
• Issue: 4
• Pages: 381 – 396

Contributors

author

Marian Ďurana

• Ústav štátu a práva SAV, Bratislava, Slovak Republic

author

Peter Strapáč