Accept of debt
Debt recognition is written declaration of the debtor, that he has a debt to the creditor. It must contain a reason, why the debt arose (e.g. the loan agreement, purchase agreement, contract for work) a in what height. Its content should also include the debtor's obligation to pay the debt (to meet). V prohlášení nestačí pouze uvést “I acknowledge my debt in terms of reason and amount”, both must be specified, as described above. In the case of a non-specific declaration, it would be difficult to successfully recognize the debt in court, as it would not be obvious and therefore demonstrable, what debt and in what amount was recognized.
Právní úpravu uznání dluhu nalezneme v ustanoveních § 2053 a § 2054 Act no. 89/2012 Sb., Civil Code, amended, (hereinafter referred to as the "Civil Code").
The Civil Code distinguishes explicit and implicit recognition of the debt. Explicit recognition of the debt is regulated by the provisions of § 2053 of the Civil Code, according to which it applies, that “If someone acknowledges his debt, both for the reason and above, by a statement made in writing, it is considered, that the debt, to the extent of recognition, persists at the time of recognition '.
Due to the nature of the recognition statement, its effects take effect when the written statement is delivered to the creditor.
The debtor has only the right, not an obligation, recognize your debt to the creditor. So it depends entirely on his will, whether to do so. The creditor has no possibility to force the debtor to recognize the debt.
Only existing debt can be recognized.
Uznání dluhu je v občanském zákoníku zařazeno do zvláštního oddílu nazvaného Utvrzení dluhu. The function of this legal institute is not to secure debt, as is the case e.g.. at the pledge, but strengthen the position of the creditor. It is advantageous for creditors, to obtain written recognition of the debt from the debtor, as such a declaration gives the debtor a better position in the event of judicial enforcement. The procedural consequence of recognition is the establishment of a rebuttable legal presumption of existence, thus the duration of the debt at the time of its recognition and in the amount recognized. From the moment the debt is recognized, it is still considered, that the debt exists and persists. The creditor then does not have to prove the existence of the debt, often difficult, using many other documents. By recognizing the debt, the creditor acquires the advantage of shifting the burden of proof to the debtor. Thus, the creditor is not obliged to prove his claim of existence before the court (or. amount) debt (receivables). V této souvislosti, having regard to the written form of debt recognition, should be recommended, that the authenticity of the debtor's signature be officially verified for possible future conflicts of authenticity of his signature.
And besides, even if the debt was already time-barred at the time of the written declaration, this fact will no longer be taken into account. By recognizing it, a new limitation period will begin to run. It takes, in contrast to the normal three-year limitation period, ten years. If the debtor states in his statement, until when he pays his debt, the limitation period does not run until then. The main substantive consequence of debt recognition is interruption (rupture) past limitation periods and the start of a new limitation period, always ten-year limitation periods.
The new limitation period begins to run, with effects for creditors, principally from, when the debt was recognized, that is, from, when the declaration of acceptance has been served on the creditor.
Debt recognition does not guarantee the creditor, that the debtor will be voluntary, by himself, pay. However, it strengthens its procedural position and motivates the debtor to do so, to fulfill its commitment.
In addition to the recognition of a debt by a written declaration, there may also be an implicit recognition of the debt, made other than in writing, when the debtor acknowledges its existence by his conduct, either by payment of interest or by partial payment. Implied recognition of debt is governed by the provisions of § 2054 of the Civil Code, according to which “the payment of interest is considered as the recognition of a debt in respect of an amount, from which interest is paid ". The cited provision further states, that “if the debtor pays the debt in part, partial performance has the effect of recognizing the remainder of the debt, if circumstances can be inferred, that the debtor also acknowledged the remainder of the debt by that performance. '
The fundamental difference between explicit and implicit debt recognition is, that if the debtor acknowledges his debt in terms of reason and amount by a statement made in writing, so this procedure the effects of debt recognition occur, even in the case of, that at the time the debt was recognized, the creditor's claim was already time-barred. In contrast, for tacit debt recognition According to the provisions § 2054 of the Civil Code mere performance by the debtor cannot give rise to the effects of recognition of the debt in the case of, that the creditor's claim in question would already be time-barred.
In conclusion, it can be stated, that Debt recognition is a legal instrument beneficial to creditors, as it increases its legal certainty, that his claim will eventually be recovered. Debt recognition is undoubtedly a practical instrument, which can guarantee the probative value of a claim before a court and make it more enforceable. At first glance, it may seem, that this instrument is uninteresting for the borrower. However, if he decided, albeit belatedly, but, pay off the debt, it is not possible to consider the extension of the limitation period as a pointless advantage for him.
V návaznosti na uznání dluhu je třeba také zmínit možnost compilation of the repayment schedule for the debtor. This is a concession from the creditor, who gained hope by acknowledging the debt, that the debtor is finally aware of his obligation to him. In return, the creditor will therefore give him the opportunity to repay the debt in smaller amounts over a longer period of time. Z toho lze usoudit, that while debt recognition is beneficial for creditors, the repayment schedule, on the other hand, is advantageous and motivating for the borrower. On the other hand, it is, thanks to the promise of the debtor, that he will gradually repay his debt, higher probability, that he will still pay his debt. In this situation, the recognition of the debt and the subsequent repayment schedule is a very good compromise and, as a result, a rational and effective solution..
- k uznání dluhu nelze dlužníka přinutit
- Debt recognition must be in writing and can be used for overdue debts
- the declaration of recognition of the debt must include why the debt arose and in what amount
- it is appropriate to officially verify the debtor's signature
- by written acknowledgment of the debt, the burden of proof shifts to the debtor
- a new ten-year limitation period runs from the written recognition of the debt
- if the debtor pays interest on the amount due, konkludentně uznal dluh i s příslušenstvím
- if the debtor pays the debt in part, partial performance has the effect of recognizing the remainder of the debt, if circumstances can be inferred, that by this performance the debtor also acknowledged the rest of the debt
- implicit debt recognition cannot be applied to time-barred receivables
Team Expohledávky s. r. O.
Debt recognition and repayment agreement
according to § 2053 a
following. Act no. 89/2012 Sb., Civil Code, amended (hereinafter referred to as the Civil Code)
Name and surname:
Birth number / date of birth:
(hereinafter referred to as "the debtor."”)
hereby acknowledges the reason and amount of its debt to
Name and surname:
Birth number / date of birth:
(hereinafter referred to as "the creditor”)
(further together and as “contracting parties”)
The amount of debt: ………………………………… (words:…………………………………)
The reason for the debt: ………………………………………………………………………….
The debtor undertakes to repay the debt to the creditor in regular monthly installments in
amount …………………… .Always to. …………… .Day of the month.
The first installment is due ……………. ……
When, that the debtor is late, be with only one installment, the creditor has the right to demand payment of the entire debt.
The parties have agreed, that the debtor returns the debt to the creditor by transfer to the account number ……………………………….. kept at ……………………..
The parties have agreed, that in case, if the debtor is in arrears with the payment of the debt, the debtor undertakes to pay the creditor statutory interest on arrears under the Civil Code, from the day following the due date of the debt until full payment. This recognition of the debt is without prejudice to the creditor's right to claim from the debtor claims arising prior to the signing of this recognition of the debt. (for example, interest on arrears, contractual penalties and others).
The contracting parties declare with their signature, that they signed this document freely and seriously.
V ………………………… ..dne ………………………..
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