Several Notes Regarding Compensation for Recovery Costs Cover Image

K paušálnej náhrade nákladov spojených s uplatnením pohľadávky
Several Notes Regarding Compensation for Recovery Costs

Author(s): Ivana Macková
Subject(s): Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: Regarding Compensation for Recovery Costs;European law; law implementation; analyses; Directive of the European Parliament and Council 2011/7/EU

Summary/Abstract: The payment discipline of debtors decreased significantly in a past few years, which naturally causes complication for creditors, seeking for their claims. The European Union is fully aware of this issue; therefore, strict rules fighting against this issue were adopted via the Directive of the European Parliament and Council 2011/7/EU dated 16 February 2011 on combating late payment in commercial transactions (hereinafter referred to as the “Directive”). The Slovak Republic and the Czech Republic implemented the Directive into their national legal systems. In this article, author analyses new claim of creditors connected with the late payments of debtors, guaranteed by the Directive and implemented into national legal systems - the compensation for recovery costs. This article aims to provide reader with a little insight regarding the compensation for recovery costs from theoretical as well as practical point of view, pointing out on some difficulties and ambiguities connected with interpretation of national legal rules. The article contains comparison of Slovak and Czech legislation, which differs from each other despite the fact that both countries have transposed the very same Directive.

  • Issue Year: 23/2015
  • Issue No: 2
  • Page Range: 162-167
  • Page Count: 6
  • Language: Slovak
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