Publication details
Ascertainment of a Claim as a Requirement for Set-Off: Different Approaches in Comparative and the Czech Law
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| Year of publication | 2021 |
| Type | Chapter of a book |
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| Description | 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. |