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EX TUNC VS. EX NUNC ÚČINOK ODSTÚPENIA A NEPLATNOSTI – NAOZAJ TAKÝ VEĽKÝ ROZDIEL?

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Trojčáková V.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2019
|
vol. 102
|
issue 2
131 – 154
EN
The author tries to compare effects of termination and invalidity in civil and commercial law, in particular with regard to two fundamental issues: the effect of termination and invalidity on duration of contractual rights and obligations and on duration of secondary claims resulting from the contract. Also by means of comparative research she seeks for a unified interpretative approach for both civil and commercial effects of termination and she prefers an interpretation which does not result in an inappropriate disadvantage of creditor’s position in the restitution phase of the contract. The author also tries to analyse mutual coherence between contractual secondary claims and statutory restitution provisions. Lastly, she deals with possibility of contractual disposition with restitution rules in both civil and commercial law.
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