Publication details
Promlčení práv, jejichž splatnost nastává na výzvu věřitele
Title in English | Limitation of Rights that Become Due on Creditor’s Call |
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Authors | |
Year of publication | 2011 |
Type | Article in Periodical |
Magazine / Source | Právní rozhledy : časopis pro všechna právní odvětví |
MU Faculty or unit | |
Citation | |
Field | Law sciences |
Keywords | Limitation, maturity, due date |
Description | The article presents the opinion that in case of rights that become due on creditor’s call one has to distinguish between two different rights: the creditor’s right to call upon the debtor to meet his obligations and the creditor’s right to the settlement of the debt itself. In case of the creditor’s right to call upon the debtor to meet his obligation, the limitation period starts to run on the next day after the rise of the obligation. However, in case of the creditor’s right to the settlement of the debt itself, the limitation period starts to run on the next day after the debt becomes due. The article criticizes the long-term judiciary practice according to which the limitation period concerning the rights that become due on creditor’s call starts to run on the next day after the rise of the obligation. |