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Kapitalizacja odsetek a zakaz anatocyzmu

100%

Balcerowiak P.

Prawo

2014

issue 316/1

17 - 30

In the article the issue of the institution of interest capitalization with ban on anatocism has been looked into. Turning to the institution of the capitalization of interest, their legal nature has been outlined, showing therefore the duality of the presented side benefit. Given the following division of interest, the capitalization of equity and default interest have been separately delineated. Concerning the issue of the capitalization of equity, an attempt has been made to clarify the legal basis of charging interest. In addition, it has proven necessary to clarify doubts related to the maturity of the claims in the case of periodic interest capitalization. Whereas in the case of default interest, the legal notion of delay has been outlined, also explaining concerns about Article 481 § 1 of the Civil Code. Furthermore, the issue of its legal nature has been decided by indicating whether it should be classified as ius dispositivum, or perhaps, as ius cogens. Ban on anatocism cannot be discussed without addressing the doubts raised concerning its scope, namely whether it applies exclusively to default interest, or also to equity interest. An essential element in this discussion is to present the essence of derogation from ban on anatocism. Firstly, after the formation of arrears, parties may agree to capitalize the interest. Another exception refers to the concept of long-term loans granted by credit institutions. This formulation requires a thorough explanation: first, of the concept of long-term loans and then, of credit institutions. The third exception nis instituting legal action, in which it is legal proceedings that are the most questionable matter, from which it is possible to enforce the capitalized interest. Given the current legal regulation, it should be noted that it is not sufficient to resolve doubts concerning the normative character of the institution of interest capitalization with ban on anatocism. Such reasoning leads to suggest further proposals de lege ferenda.

Psaní velkých písmen u toponym v češtině: polemický pohled:

72%

Štěpán P.

Acta onomastica

2020

vol. 61

issue 2

417-439

The article points out the most striking problems of the Czech codification of capitalisation in toponyms in which disagreement with onomastic theory is displayed. The first part of the paper focuses on capitalisation in prepositional toponyms, mostly street names. According to the new codification, valid since 1993, in prepositional toponyms the word following the preposition should be always written with a capital letter. This rule has not been respected by some local authorities (including the Prague municipal authority) or by the Czech Office for Surveying, Mapping and Cadastre. The second part, forming the core of the paper, argues against the theory of the so-called generic and proper-name component of a naming unit which is used for explaining the principles of codification of proper names’ capitalisation. According to the author, this theory is in contradiction with onomastic principles. The last (and shortest) part deals with capitalisation in toponyms containing two subsequent adjectives. The character of the paper is polemical; it points at the inconsistency of the current codification of proper names’ capitalisation in Czech, as well as recent treatises on this topic. The aim of the paper is not to provoke an instant and impetuous codification change, but to stimulate a discussion on this topic.

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Kapitalizacja odsetek a zakaz anatocyzmu

Psaní velkých písmen u toponym v češtině: polemický pohled: