Publication details
Vypořádání bezdůvodného obohacení ze smluv neplatných pro nesvéprávnost
| Title in English | Settlement of unjustified enrichment from contracts void for lack of capacity |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Zpravodaj jednoty českých právníků |
| MU Faculty or unit | |
| Citation | |
| Web | Web nakladatele - obsah |
| Keywords | unjustified enrichment; limitation of legal capacity; invalid contract |
| Description | If a party to a contract lacks sufficient capacity to enter into it, the contract is void. If the party to the contract has been performed on the basis of the contract, he shall in principle be unjustly enriched. Often, however, the obligation to repay would be contrary to the reason for the nullity of the contract, which is the protection of such persons. The Czech courts are aware that an obligation to repay would be unfair, but they are unable to give a correct legal justification for this solution. They use the last tool that the court has when it does not want to grant a claim, namely, contradiction with good morals. The article offers a fair solution to this problem, which also implies the limits to the exclusion of a claim for unjust enrichment. |