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Trojčáková
Ex tunc vs. ex nunc účinok odstúpenia
a neplatnosti – naozaj taký veľký rozdiel?
Ex tunc vs. ex nunc
effect of termination and invalidity – such a big difference?
Mgr. Veronika Trojčáková,
Faculty of Law of the Trnava University in Trnava
Právny obzor, Volume 102, 2019,
No. 2,
pp. 131 – 154.
Published online: 31.8.2021
Abstract. The author in
the article tries to compare effects of termination and invalidity in civil and
commercial law, in particular with regard to two fundamental issues: the effect
of termination and invalidity on duration of contractual rights and obligations
and on duration of secondary claims resulting from the contract. Also by means
of comparative research she seeks for a unified interpretative approach for both
civil and commercial effects of termination and she prefers an interpretation
which does not result in an inappropriate disadvantage of creditor’s position in
the restitutional phase of the contract. The author also tries to analyse mutual
coherence between contractual secondary claims and statutory restitutional
provisions. Lastly, she deals with possibility of contractual disposition with
restitutional rules in both civil and commercial law.
Key words: restitution
after termination, invalidity, ex tunc and ex nunc effect of termination, unjust
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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