K námitkám ručitele po smrti hlavního dlužníka
To the Defenses of the Surety after Death of the Obligor

Summary/Abstract: The presented paper deals with the concept of defenses, which the surety may assert against the obligee according to Czech law. The paper concentrates on defenses after death of the principal obligor, especially on fact, whether the surety may resort to the limited liability of the heirs resulting from the provisions of the succession law. This question was subject to the former High Court ruling from 1973, which took the negative standpoint. Authors think that the ruling is not reasoned sufficiently and that the subject matter deserves thorough research. First part of the paper is concerned with the analysis of the accessory nature of suretyship and exemptions from it, while the next is devoted to the solution of the problem specified above in the Czech law. Various foreign legal regulations of the suretyship are taken into consideration as far as they are concerned with this matter in order to find similar principles. The deliberations of authors result from the accessory nature of suretyship and, on the other hand, the purpose of suretyship, which is to provide security for the obligee’s claim by the extension of the property to be later executed.

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