Publication details
Uznání postoupené pohledávky za pravou
| Title in English | Acknowledgement of an Assigned Claim as Genuine |
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| Authors | |
| Year of publication | 2024 |
| MU Faculty or unit | |
| Citation | |
| Attached files | |
| Description | One of the foundational principles of the legal regulation of assignment of claims is the idea that the assignment should not worsen the position of the assigned debtor. Among the main instruments for the protection of the assigned debtor is the rule that the debtor retains, even after the assignment, the objections to the claim that they had at the time of the assignment. However, this protection is overridden if the debtor acknowledges the claim as genuine against an honest assignor, since in such a case they are obliged to satisfy the assignor as their creditor. In enacting the aforementioned rule, which is contained in section 1884 (2) of the Civil Code, Czech legislator drew on section 1396, second sentence, of the ABGB. In this presentation, I examine how the provision on the acknowledgment of a claim as genuine is interpreted in Austrian law and confront the view of the Austrian doctrine and case law with the interpretative conclusions formulated by the Czech literature regarding the acknowledgment of a claim as genuine by the assigned debtor. |