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@inbook{1852098, author = {Handlar, Jiří}, address = {Londýn}, booktitle = {The Law of Obligations in Central and Southeast Europe: Recodification and Recent Developments}, edition = {1}, editor = {Zvonimir Slakoper, Ivan Tot (eds.)}, keywords = {Set-off; requirement for set-off; ascertainment of a claim; substantive liquidity; procedural liquidity}, howpublished = {tištěná verze "print"}, language = {eng}, location = {Londýn}, isbn = {978-1-000-41538-4}, pages = {127-142}, publisher = {Routledge, Taylor & Francis Group}, title = {Ascertainment of a Claim as a Requirement for Set-Off: Different Approaches in Comparative and the Czech Law}, url = {https://is.muni.cz/publication/1852098/cs/Ascertainment-of-a-Claim-as-a-Requirement-for-Set-Off-Different-Approaches-in-Comparative-and-the-Czech-Law/Handlar/cs}, year = {2021} }
TY - CHAP ID - 1852098 AU - Handlar, Jiří PY - 2021 TI - Ascertainment of a Claim as a Requirement for Set-Off: Different Approaches in Comparative and the Czech Law VL - Neuveden PB - Routledge, Taylor & Francis Group CY - Londýn SN - 9781000415384 KW - Set-off KW - requirement for set-off KW - ascertainment of a claim KW - substantive liquidity KW - procedural liquidity UR - https://is.muni.cz/publication/1852098/cs/Ascertainment-of-a-Claim-as-a-Requirement-for-Set-Off-Different-Approaches-in-Comparative-and-the-Czech-Law/Handlar/cs N2 - The paper deals with ascertainment of a claim (also called liquidity) as a requirement for set-off. As far as the ascertainment (liquidity) of a claim is concerned, legal systems vary in their approaches. The paper analyses the following main approaches to the requirement – approach in which ascertainment is another substantive requirement for set-off (typical for French law or UNIDROIT PICC), procedural approach (typical for German law), approach based on judicial discretion (typical for DCFR or Dutch law) and approach called “no ascertainment of the cross-claim” (typical for Swiss law). The paper is also concerned with the description of advantages of the approaches as well as their disadvantages. Special attention is paid to the legal regulation of set-off in the new Czech Civil Code. ER -
HANDLAR, Jiří. Ascertainment of a Claim as a Requirement for Set-Off: Different Approaches in Comparative and the Czech Law. In Zvonimir Slakoper, Ivan Tot (eds.). \textit{The Law of Obligations in Central and Southeast Europe: Recodification and Recent Developments}. 1. vyd. Londýn: Routledge, Taylor \&{} Francis Group. s.~127-142. ISBN~978-1-000-41538-4. 2021.
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