Publication at Faculty of Law |
2020
Abstract
Unilateral set-off is exceptionally powerful legal device. It enables one of contractual parties to enforce satisfaction of its claim without need to make the claim in court.
One of the most frequently discussed provisions of Czech Civil Code is Section 1987 (2) that excludes "uncertain or indeterminate" claims from unilateral set-off. This legal provision has already been the subject matter of both expert papers, and judicial decisions.
In the beginning of September the Supreme Court of the Czech Republic published a decision that might be labelled as very important because it was issued by the Collegium of the Civil and Commercial Division. This paper is focused on the analysis of this decision as well as its critical reflection.