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CSACH, K.:
Synalagmatic obligations and their enforcement in court.
Právny obzor,
101, 2018,
č. 5, s. 475 – 492.
Abstract. The article analyses
the
synalagmatic character of obligations and its heterogeneous legal regulation. It
proposes an
interpretation distinguishing between the synalagmatic character of obligations
in general
and the synalagmatic character of obligations from invalid and cancelled
contracts. In the
general regime of synalagmatic obligations it proposes to interpret the legal
regulation so
that a synalagmatic obligation is taken into account in the legal proceedings on
the basis of
an objection only. On the contrary, synalagmatic character of obligations from
unjust
enrichment can also be interpreted as a problem of substantive law – problem of
determination of the scope of rendition of unjust enrichment. Procedural
implications of
the synalagmatic character of obligations from unjust enrichment can be
explained by
inclination to the enrichment “netting” theory.
Key words: synallagma, mutual obligations, exceptio non adimpleti contractus,
saldo
theory unjustified enrichment
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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