Publication details
Procesní likvidita a její uplatnění při započtení protipohledávky
| Title in English | Procedural Liquidity and its Application in Set-off of a Cross-claim |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Web nakladatele |
| Keywords | Set-off; requirement for set-off; ascertainment of a claim; substantive liquidity; procedural liquidity |
| Description | The article deals with the concept of procedural liquidity and its application in set-off of a cross-claim. The article analyses the main approaches to the issue, in particular purely procedural approach without any impact on the substantive effects of set-off (typical for German law) and approach based on judicial discretion in which the substantive effects of set-off may be affected by liquidity (typical for DCFR or Dutch law). The article comes to the conclusion that the procedural approach to liquidity is much more suitable than the approach in which liquidity is concerned as another substantive requirement for set-off. The procedural liquidity of a cross-claim does not have to restrict the ability of parties to set-off, and at the same time may prevent a cross-claim creditor from invoking an unfounded set-off in order to delay the civil proceedings. |